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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant and David C. and Cynthia N. Leduc
Property Owner: 4 East Street
Hingham, MA 02043
Premises: 4 East Street
Hingham, MA 02043
Deed Reference: Plymouth Registry of Deeds Book 26824, Page 19
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals on the application of David C. and Cynthia N. Leduc (the “Applicants”) for a side yard setback Variance from §IV-A of the Zoning By-Law and such other relief as necessary to remove the existing non-conforming two-car detached garage and construct a new attached two-car garage with living space above at 4 East Street (the “Property”), in Residence District A.
A public hearing on the application was held on Monday, May 9, 2011, at the Town Hall before a panel consisting of regular members Joseph W. Freeman, Chairman, W. Tod McGrath and Joseph M. Fisher. The Applicants were represented by architect Heidi Condon of HC Design.
The Applicant’s Property, located in Residence District A, contains approximately 22,000sq.ft. and is improved with a single family dwelling, built around 1900, and a detached non-conforming two-car garage built in the 1960’s. The present detached garage is 4’9” from the northerly property line at its closest point and measures 19.3’ x 21.3’ and is 15’ in height. The Applicants submitted a Site Plan dated March 15, 2011 prepared by Cavanaro Consulting stamped by Brendan P. Sullivan, Civil RPE, RPLS.
The Applicants propose to construct a new 24’ x 24’ attached two-car garage that will be approximately 8’ from the northerly property line at its closest point; it would be less non-conforming than the existing garage. As part of the new construction the Applicants are proposing to remove the existing driveway and curb cut, which would be relocated to the opposite side of the single family dwelling where the access to East Street would be safer and provide better site distances for vehicles.
The lot is oddly shaped in that it narrows considerably in the middle and the current setback requirements preclude building almost anywhere else on the lot.
FINDINGS AND DECISION:
The Board voted unanimously to GRANT a side setback Variance to replace the existing detached garage with an attached garage. 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. Due to the odd shape of the lot, the current setback requirements preclude building almost anywhere on the lot.
The Board determined that although the new garage would continue to intrude into the side yard setback, the proposed garage addition would be less of an intrusion into the setback than the present garage and will not detract from the neighborhood nor impose on the abutting property. No existing vegetation will need to be removed for the new construction. The proposed garage addition is consistent with the residential use of the premises and is an improvement in appearance compared to the existing detached structure.
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 Variance is granted subject to the following conditions:
- The garage is to be constructed in substantial accordance with the plans submitted and the 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, 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
Joseph M. Fisher
July 7, 2011