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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
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
SUMMARY OF PROCEEDINGS:
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.
BACKGROUND:
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.
FINDINGS AND DECISION:
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
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