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TOWN OF HINGHAM
BOARD OF APPEALS
IN THE MATTER OF:
Applicant and: Douglas Karo d/b/a Oceanside Builders
Property Owner 11 Foley Beach Road
Hingham, MA 02043
Premises: 4 Jarvis Avenue
Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 37806, Page 85
SUMMARY OF PROCEEDINGS:
This
matter came before the Zoning Board of Appeals on the application of
Douglas Karo d/b/a Oceanside Builders (the “Applicant”) for rear yard
setback Variances from §IV-A of the Zoning By-Law and such other relief
as necessary to install 2 (air conditioning) condensing units at 4
Jarvis Avenue (the “Property”), a corner lot in Residence District A.
A
public hearing was duly noticed and held on March 18, 2010, at the Town
Hall before a panel consisting of regular members Joseph M. Fisher,
Chairman, Joseph W. Freeman and W. Tod McGrath.
BACKGROUND:
The
Property is approximately 6,300sq.ft. and the Applicant recently
completed the construction of a single family dwelling on the Property
after tearing down the previous non-conforming dwelling, done by right
under §III-H of the Zoning By-Law. The Applicant now desires to install 2
air conditioning condensing units within the rear yard setback in the
same location as units that were installed for the previous dwelling. In
2007 a change was made in the Zoning By-Law that requires this type of
equipment to meet setback requirements. The house is a corner lot, and
under the provisions of the Zoning By-Law corner lots must maintain
front yard setback requirements for each and every abutting street. The
required front yard setback in Residence District A is twenty-five (25)
feet.
The location of the 2 air conditioning units is positioned
in the center of the Property hidden behind a row of hedges between 4
Jarvis Avenue and 138 Downer Avenue. The placement of the units in this
area puts them less than 1’ from the rear setback. To place the units in
the northerly portion of the property, the only area on the Property
where they would meet all setback requirements, would place them on top
of a large retaining wall that was constructed due to the slope of the
property. It would also place them in a less efficient area in relation
to the interior configuration of the dwelling and increase the noise
level for the abutters.
No abutters spoke for or against the
granting of the Variances. During the discussion with the Applicant, he
stated that he had spoken to the nearest and most effected abutters to
the west at 138 Downer Avenue and they had no problem with the placement
of the units. The Board requested the Applicant provide a letter from
the abutters at 138 Downer Avenue for the record.
FINDINGS:
After
consideration of the Applicant’s proposal, together with plan and
diagrams submitted by the Applicant and testimony at the public hearing,
the Board of Appeals agreed that the locations of the 2 air
conditioning condensing units are in the best possible location on the
lot. The Board determined that due to (i) the location of the dwelling
on the lot, (ii) the existing slope in the northerly portion of the
Property and (iii) the interior configuration of the dwelling the air
conditioning condenser units could be most appropriately sited along the
Downer Avenue portion of the lot, which has sufficient shrubbery for
screening and buffer for noise. The Board also determined that the
condensing units will not detract from the neighborhood and will not
impose on the abutting property. In conclusion the Board finds that the
premises satisfied the statutory criteria for the grant of the requested
Variances in its unique situation with the size and shape of the lot
and existing structures and landscaping limiting location of the
condensers elsewhere on the premises.
RULING AND DECISION:
Based
upon the application and representations made at the public hearing,
the Board determined that the proposed rear yard setback Variances to
install 2 air conditioning units will not adversely affect the health,
safety or welfare of the general public, or the Town generally, nor
create adverse impacts on its surrounding area.
Therefore the
Board voted unanimously to GRANT the Variances from the rear yard
setback requirements as set forth in Section IV-A of the Zoning By-Law
subject to the following conditions:
1. Applicant provides a
letter, prior to the issuance of a Certificate of Occupancy, from the
abutters to the west at 138 Downer Avenue stating their concurrence with
the placement of the air conditioning units.
2. Air conditioning
units to be placed in substantial accordance with plans presented 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 Board of Appeals
W. Tod McGrath
April 26, 2010
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