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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant and Robert and Nicole Lytle
Property Owner: 27 Elm Street
Hingham, MA 02043
Premises: 27 Elm Street
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 38984, Page 138
SUMMARY OF PROCEEDINGS:
This
matter came before the Board of Appeals on the application of Robert
and Nicole Lytle (the “Applicants”) for a side yard setback Variance
from §IV-A and §IV-C 2 of the Zoning By-Law and such other relief as
necessary to construct a new 16' x 25' one-story one-car detached garage
with storage space above along the westerly portion of the property at
27 Elm Street (the “Property”), in Residence District A.
A public
hearing on the application was duly noticed and held on Wednesday,
March 14, 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 Attorney Daniel Brewer.
BACKGROUND:
The
Applicant’s Property, located in Residence District A, contains
16,779sq.ft. of land and is improved with a single family dwelling
originally built in 1850 with a driveway running along the westerly side
of the Premises from the public way at Elm Street. An in-ground
swimming pool is located immediately to the rear of the existing
dwelling.
Due to the narrowness of the Property, the Applicants
are proposing to construct a one-story one-car garage at the end of the
driveway that will be 5’ from the property sideline at the front of the
proposed structure and 4’6” from the property sideline at the rear of
the proposed structure. The plans include a carriage house style
overhead door along with an attached roof overhang with decking facing
in-ground pool area, or interior to the Property.
The application
included an Existing Conditions Plan dated March 23, 2011 prepared by
Nantasket Survey Engineering, LLC and stamped by David G. Ray,
Registered Land Surveyor and plans prepared by the Applicants’
architect, Sally Coyle, of Coyle & Carron, LLC and dated March 11,
2011 (Drawings A-1, A-2, A-3) and dated January 17, 2012 (Drawing L-1)
which show the proposed addition in more detail.
The abutters at 29 Elm Street wrote a letter in support of the application. No abutters appeared at the public hearing.
FINDINGS AND DECISION:
The
Board voted unanimously to GRANT a side yard setback Variance to
construct a new 16' x 25' one-story one-car detached garage with storage
space above along the westerly 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 and
the Applicants considered the possibility of redesigning the garage by
removing the roof overhang with deck that would allow the garage to be
constructed further away from the side yard setback. However, the Board
determined that the existing conditions on the Property, specifically
the narrowness of the Property along with the location of the existing
dwelling and in-ground pool combine to create a hardship in that there
is no reasonable alternate placement for the proposed garage.
The
Board also determined that the location of the proposed garage is
relatively isolated from the surrounding dwellings and other structures
in the neighborhood. The character of the neighborhood includes many
accessory structures as well as principal structures located within
their respective setbacks. The proposed garage will be significantly
smaller and more modest than similar structures permitted as of right in
the district. The construction of the garage as proposed would be well
within the established pattern of the neighborhood, and would not add
to any sense of increased density or congestion. The proposed detached
garage is also consistent with the residential use of the premises.
The
Board further 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 Variance is granted subject the following conditions:
1.
the 16' x 25' one-story one-car detached garage with storage space
above be constructed in substantial accordance with the plans submitted
and representations made at the public hearing
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 Board of Appeals,
_____________________
W. Tod McGrath
April 11, 2012
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