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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant and Simon C. and Brooke M. Bartletta
Property Owner: 25 Hersey Street
Hingham, MA 02043
Premises: 25 Hersey Street
Hingham MA 02043
Title Reference: Plymouth County Registry of Deeds Book 40311, Page 349
SUMMARY OF PROCEEDINGS:
This matter came before the Board of Appeals on the application of Simon C. and Brooke M. Barletta (the “Applicants”) for a side yard setback Variance from §IV-A of the Zoning By-Law and such other relief as necessary to reconstruct a previously existing barn on the same footprint, including the construction of a 9' x 19' addition towards the center of the property, at 25 Hersey Street (the “Property”) in Residence District A.
A public hearing was duly noticed and held on January 23, 2013 at the Town Hall before a panel consisting of regular members Joseph M. Fisher, Chairman, Joseph W. Freeman, and W. Tod McGrath.
FACTUAL BACKGROUND:
The Property is 34,744sq.ft. of land with an existing conforming single family dwelling. The Property also had a pre-existing non-conforming barn that was located within the side yard setback. The Applicants obtained a building permit in 2011 to renovate the existing barn which included the construction of 9’ x 19’ addition that would not be located within the setback area. The proposed reconstructed barn would allow the Applicants to maintain the existing space within the barn and add a one-car garage with storage space above.
During the course of the renovation, the contractor discovered the barn’s original structure was severely rotted and not able to be restored. Therefore the contractor partially demolished the barn, leaving only the rear wall of the original structure standing. The Building Commissioner subsequently issued a Stop Work Order on the grounds that demolition had occurred without a demolition permit.
The Hingham Historical Commission had approved the reconstruction of the barn, but not the demolition. The Applicant subsequently had numerous hearings with the Historical Commission and an agreement was reached regarding the demolition of the 19th Century barn and reconstruction of a new barn structure.
The Applicant has proposed to reconstruct the barn in its previous location on the northern portion of the Property in which its front corner is located 3.5’ to the Property setback and its rear corner is located 2.7’ to the Property setback. The Property is 89’ wide and 415’ long. The Property rises 10’ from Hersey Street to a small flat plain in the middle and then drops 20’ to the rear Property line. The rear of the property is heavily wooded, has some ledge outcroppings and a stone wall, precluding construction in this area.
With the application the Applicants submitted the following:
- Existing Conditions Plan (1 page) dated 8/20/12 prepared by Nantasket Survey Engineering, LLC, 46 Edgewater Road, Hull, MA stamped by David G. Ray, PLS
- Proposed Conditions Plan (1 page) revised through 12/19/12 prepared by Nantasket Survey Engineering, LLC, 46 Edgewater Road, Hull, MA stamped by David G. Ray, PLS
- Unstamped plans (8 pages) revised through 12/3/12 prepared by Roger O. Hoit, AIA, Architect, 1175 Main Street, Hingham, MA entitled as follows: A1-Existing Floor Plans, A2-Existing Elevations, A3-New Floor Plans, A4-New Elevations, A5-New Framing Plans, A6-New Section, A7-Framing Elevations, ME-1 New Mech./Elec. Plans
One abutter to the southern portion of the Property appeared at the public hearing. The Board received correspondence from two additional abutters, one abutter at 17 Hersey Street, the other on Oregon Court; both expressed support for the Applicants proposed reconstructed barn structure.
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 involve substantial hardship to the Applicant.
The Board determined that the topography, as well as ledge outcroppings and stone wall limited the location of the construction of the barn elsewhere on the Property.
The Board also 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 Board determined that although the reconstruction of a previously existing barn on the same footprint, including the construction of a 9' x 19' addition towards the center of the property, will intrude within the side yard setback, the proposed structure will not detract from the neighborhood, and will be consistent with other residences in the immediate neighborhood and will not substantially impose on the abutting property. The proposed reconstruction is consistent with the residential use of the premises.
The Variance is granted subject the following conditions:
- The reconstructed barn, including addition, is to be constructed in substantial accordance with the plans presented in the application and the representations made at the public hearing. Encroachment into the setbacks to the northern Property line shall be no further than the previously existing barn.
- At no time shall the reconstructed barn be used as a separate dwelling unit on the Property.
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 Zoning Board of Appeals,
_____________________________
W. Tod McGrath
March 11, 2013
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