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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
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
SUMMARY OF PROCEEDINGS:
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.
FACTUAL BACKGROUND:
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.
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, 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
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