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Applicant and    Ronald J. and Corinna M. Ford
Property Owner:    13 Fisher Road
            Hingham, MA 02043

Premises:    13 Fisher Road
Hingham MA 02043

Title Reference:    Plymouth County Registry of Deeds Book 36257, Page 329

This matter came before the Board of Appeals on the application of Ronald J. and Corinna M. Ford (the “Applicants”) for a side yard setback Variance from §IV-A of the Zoning By-Law and such other relief as necessary to construct an attached 21.3' x 21.6' garage addition, with living space above, onto the western portion of the existing dwelling at 13 Fisher Road (the “Property”) in Residence District C.

A public hearing was duly noticed and held on December 19, 2012 at the Town Hall before a panel consisting of regular members Joseph M. Fisher, Chairman, Joseph W. Freeman, and W. Tod McGrath.

The Property consists of approximately 18,700sq.ft. with a pre-existing not-conforming single family dwelling built in 1940.  The Property is non-conforming as to lot size, front setback as well as frontage.  The Applicants are proposing to construct a one-car garage addition that would also have a garage door in the rear for access to the backyard area.  The addition would include living space above the garage.

The Applicants proposed addition will be 13.2’ to the setback in the front and 11.8’ in the rear on the western portion of the Property; thereby the intrusion into the setback will be 6.8’ and 8.2’ respectively.  Residence District C requires a 20’ side yard setback. 

The Property’s existing septic system is located on the eastern portion of the existing dwelling.  The topography to the rear of the existing dwelling is sloped and has ledge outcroppings in portion of the rear yard.  Both of these issues preclude construction in either area.

With the application the Applicants submitted the following:
•    Undated/unstamped architectural plans (5 pages preparer unknown) entitled as follows: Garage Addition/Front Elev.; Garage Addition/S.W. Elevation; Rear Elevation with Proposed Garage Addition; First Floor Addition; and Garage Addition Second Floor
•    Undated/unstamped Proposed Garage Addition plan (1 page preparer unknown) showing dimensions of proposed garage addition
•    Undated/unstamped copy of a portion of the septic system plan (3 pages preparer unknown)

On December 18, 2012 the Applicant submitted a Plan of Land dated December 17, 2012 prepared by Hoyt Land Surveying, 1287 Washington Street, Weymouth, MA stamped by Peter G. Hoyt. PLS.

The abutter to the western portion of the Property appeared at the public hearing and expressed support for the project.  No other abutters appeared at the public hearing nor did the Board receive correspondence regarding the Applicants proposal. 

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, existing ledge outcroppings as well as the location of the existing septic system limited the location of the construction of the proposed garage addition.

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 new garage addition, with living space above, 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 to the west. The proposed addition is consistent with the residential use of the premises.

The Variance is granted subject the following condition:

1.    That the garage addition, with living space above, be constructed in substantial accordance with the plans presented in the application and the representations made at the public hearing, particularly with respect to the proposed setbacks along the westerly property boundary.

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,
Joseph W. Freeman
February 19, 2013