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TOWN OF HINGHAM
BOARD OF APPEALS
Applicant and Smaiyra Million
Property Owner: 883 Main Street
Hingham, MA 02043
Premises: 883 Main Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 41654, Page 178
SUMMARY OF PROCEEDINGS:
This matter came before the Board of Appeals on the application of Smaiyra Million (the “Applicant”) for a front yard setback Variance from §IV-A of the Zoning By-Law and such other relief as necessary to construct an 8'6" x 7' vestibule (enclosed front entry) on the existing dwelling at 883 Main Street (the “Property”) in Residence District B.
A public hearing was duly noticed and held on April 8, 2013 at the Town Hall before a panel consisting of regular members Joseph W. Freeman, acting Chairman, W. Tod McGrath and associate member David Anderson.
FACTUAL BACKGROUND:
The Property contains a pre-existing non-conforming dwelling built in 1820’s, with its only present non-conformity being the side yard setback on the southern portion of the dwelling The front setback of the existing dwelling is 40’ to the property line, with an existing covered front doorway that measures 4’ wide by 5’ long. The Applicant is proposing to enclose the area, widen it to 8’6” and extending the length by 2’ to 7’, totaling 63sq.ft. The dwelling is not located in a Historic District or on the Historic Register.
The Property is 2.63 acres, is long and narrow and surrounded by wetlands in the rear.
With the application the Applicant submitted the following:
- Unstamped Proposed Driveway Plan (draft) dated 09/28/12 prepared by Cavanaro Consulting, 687 Main Street, Norwell, MA (1 page)
- Unstamped plan dated 10.12.12 entitled Front Entry Version #3 Page 1 (1 page preparer unknown)
- Unstamped plan dated 10.16.12 entitled Front Entry Version #3 Page 2 (1 page preparer unknown)
- Undated/unstamped plan entitled Version #3 Page 4 (1 page preparer unknown)
No abutters appeared at the public hearing. The Board received correspondence from the abutters at 893 Main Street stating their support for the application.
FINDINGS AND DECISION:
The Board voted unanimously to GRANT the VARIANCE. In granting the requested relief, the Board found that owing to circumstances relating to the soil conditions, shape or topography which especially affect the premises, but do not affect generally the zoning district in which the premises are located, a literal enforcement of the Zoning By-Law would create a hardship to the Applicants.
The Board determined that wetlands along with the location of the existing single family dwelling limited the practical options for the Applicant to adequately install the vestibule. The Board also determined that although the proposed vestibule will intrude further into the front yard setback by approximately 2’, the intrusion was de-minimus and (i) will enhance the design of the front elevation of the dwelling, (ii) will not detract from the neighborhood, and (iii) will not unduly impose on abutting properties.
The Board further determined that the requested Variance might be granted without detriment to the public good and without substantially derogating from the intent or purpose of the Zoning By-Law.
The Variance is granted subject the following condition:
- the 8'6" x 7' vestibule (enclosed front entry) be constructed in substantial accordance with the plans submitted with the application and the representations made at the public hearing.
This decision shall not take effect until a copy of the decision, bearing the certification of the Town Clerk that twenty (20) days have elapsed since the decision has been filed in the office of the Town Clerk and no appeal has been filed, or that if such appeal has been filed, that it has been dismissed or denied, is recorded with the Plymouth County Registry of Deeds and/or the Plymouth County Land Court Registry, and indexed in the grantor index under the name of the record owner or is recorded and noted on the owner’s certificate of title.
For the Board of Appeals,
_____________________
Joseph W. Freeman
May 20, 2013
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