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Applicant   and      Kevin D. Perruzzi
Property Owner:  57 Aster Circle
                              Weymouth, MA  02188

Premises:         312 High Street
                          Hingham MA 02043

Title Reference:    Plymouth County Registry of Deeds Book 5143, Page 182

This matter came before the Zoning Board of Appeals on the application of Kevin D. Perruzzi, 57 Aster Circle, Weymouth, MA (the “Applicant) for a front yard setback Variance from §IV-A of the Zoning By-Law and such other relief as necessary to place a 10' x 10' x 10' shed on the southern portion of the property at 312 High Street (the “Property”), in Residence District B.

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.
In 1982 the Board of Appeals denied a use Variance to the previous owner to use the property as a dental office for a non-resident dentist.  That denial was appealed to land court and the court subsequently nullified the Board’s decision finding that the “application should be deemed constructively granted…due to the strictures of G.L. C. 40A, Section 15, finding that the application was filed with the Town Clerk on April 23, 1982, even though not transmitted to the Board of Appeals until September 13, 1982.”  Due to the constructive grant of the Variance the property has been used as a non-resident dentist office for decades.

The Applicant is a dentist who recently purchased the Property which consists of approximately ±26,100sq.ft. of land that is surrounded by three public streets.  After purchasing the property the Applicant inquired of the Building Commissioner about the possibility of installing a shed on the property for storage purposes only.  The Building Commissioner and Zoning Administrator discussed the installation of a shed on the Property and whether or not it could be considered an expansion of a non-conforming use.  Because a shed is an allowed use in a residential zone and the Property is located in Residence District B both Town Officials determined it would not be considered an expansion of a non-conforming use and could be placed on the property.

Under the Hingham Zoning By-Law a corner lot, and a lot surrounded by streets on all sides, shall maintain front yard setback requirements from each and every street; the required front yard setback in Residence District B is thirty-five feet (35').  During the course of the hearing the Applicant explained that his Property is surrounded by streets on all sides, has topography issues on almost all of the Property as well as a septic system that precludes placing a shed on any portion of the Property that would not encroach into the front yard setback.  The Applicant will be clearing and leveling a small area and placing the shed on cinder blocks.

With the application the Applicant submitted a stamped Mortgage Inspection Plot Plan (1 page) dated March 21, 2012 prepared by DeCelle Burke & Associates, Inc., 149 Independence Avenue, Quincy MA.  At the hearing the Applicant presented seven (7) photographs of the property as well as literature (2 pages) representing what the proposed shed would look like.  The photographs showed the placement of the cinder blocks on the southern portion of the property.

No abutters appeared at the public hearing nor did the Board receive correspondence regarding the Applicants proposal.

The Board voted unanimously to GRANT a front yard setback Variance to place a 10' x 10' x 10' shed on the southern portion of the property.   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 concurred with the determination made by the Building Commissioner and Zoning Administrator that the construction of a shed on the Property would not be considered an expansion of a non-conforming use.  The Board also determined that the Property is unusually shaped and is surrounded by streets on all sides.   Existing conditions on the Property, specifically the location of the existing septic system as well as the sloping topography, create a hardship in that there is no reasonable alternate placement for the proposed shed. 

The Board determined that although the new shed will be built within the front setback, it will not detract from the neighborhood nor will it impose on the abutting properties.  The Board further determined that the requested Variances 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 conditions:

1.    The shed shall be constructed and placed in accordance with the plans submitted with the application and the photographs and representations made at the public hearing.

The zoning relief granted herein shall not become effective until (i) the Town Clerk has certified on a copy of this Decision that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that if such an appeal has been filed, that it has been dismissed or denied, and that (ii) a copy thereof has been duly recorded in the Plymouth County Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner’s certificate of title.

For the Zoning Board of Appeals,

Joseph W. Freeman
February 8, 2013