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Applicant and            Bradford and Monica Staples
Property Owner:        7 Whiton Avenue
                                 Hingham, MA  02043

Premises:                  7 Whiton Avenue
                                Hingham, MA 02043

Deed Reference:        Plymouth Registry of Deeds Book 33005, Page 73

This matter came before the Zoning Board of Appeals on the application of Bradford and Monica Staples (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 23' x 32' garage addition, with living space above, onto the northwestern portion of the existing single family dwelling at 7 Whiton Avenue (the “Property”), in Residence District A.

A public hearing on the application was held on Wednesday, May 23, 2012, at the Town Hall before a panel consisting of regular members W. Tod McGrath, Chairman, Joseph M. Fisher and Joseph W. Freeman.  The Applicants were represented by Shane Brenner, RLS of McKenzie Engineering Group, Inc. of Norwell, Massachusetts.

The Applicant’s Property, located in Residence District A, contains approximately 12,576 sq.ft. of land and is improved with a pre-existing non-conforming single family dwelling originally built around 1900. The dwelling conforms to the side and rear yard setback requirements, but does not conform to the front setback requirement as it is 10.8’ to the front lot line.

The Applicants are proposing to construct an attached one car 23’ x 32’ garage, with living space above, onto the northwestern portion of the Property that will be 4.7’ to the Property line at its closest point in the front and 5.7’ to the Property line in the rear.  Total intrusion into the setback will be 10.3’.  They are proposing an overhang into the setback (soffit overhang) which will not exceed the 30 sq.ft. allowed under the projection section of the Zoning By-Law.

The proposed one-car garage, with a workshop in the rear, will be approximately 699 sq.ft.  Included in the plan is an attached mudroom which will have stairs to the second floor.  The second floor is proposed to have a master bedroom, closet and bath.  A gazebo to the rear of the property will be taken down.

There is a small area of wetlands to the rear of the property and the applicants received an Order of Conditions from Conservation Commission on April 23, 2012.  There is also a fair amount of ledge on the southeastern portion of the property.  
The Applicants submitted the following plans with their application:

•    Certified Plot Plan for Addition (1 sheet) prepared by McKenzie Engineering Group, Inc. 150 Longwater Drive, Norwell, MA  stamped by Shane M. Brenner RPLS dated 4/24/12
•    Unstamped Schematic Design Plans (6 pages) dated 1/13/12 prepared by Aprea Design, Hingham, MA cover page along with A-1 Proposed First Floor Plan, A-2 Proposed Second Floor Plan, A-3 Proposed Basement Plan, A-4 Proposed West & East Exterior Elevations and A-5 Proposed North & South Exterior Elevations

No abutters appeared at the public hearing nor did the Board receive correspondence regarding the Applicant’s proposal.

The Board voted unanimously to GRANT a side setback Variance to construct an attached 23' x 32' garage addition, with living space above, onto the northwestern portion of the existing single family dwelling.  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 generally affect 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 although the addition would intrude into the side yard setback, it will not detract from the neighborhood nor impose on the abutting property.  The proposed addition is consistent with the residential use of the premises.  The shape of the lot along with the existing topography of the Property, primarily ledge in the southeastern portion and wetlands to the rear, combine to create a hardship in that there is no reasonable alternate placement for the proposed addition.  

The Board also determined that the requested Variance may 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 to the following conditions:

1.    The attached garage, with living space above, is to be constructed in substantial accordance with the plans submitted and the representations made at the public hearing and no closer than 4.7’ to the Property line.

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, as 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
                            June 26, 2012