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TOWN OF HINGHAM
Board of Appeals
IN THE MATTER OF:
Applicant and Stephen and Marnie Pappone
Property Owner: 18 Peter Hobart Drive
Hingham, MA 02043
Premises: 18 Peter Hobart Drive
Hingham, MA 02043
Title Reference: Certificate of Title No. 121052 issued by the Plymouth County Registry District of the Land Court
Plan References: "Above Ground Swimming Pool," unsigned, dated August 12, 2015
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals (the "Board") on the application of Stephen and Marnie Pappone (collectively the "Applicant") for a rear yard setback Variance from §IV-A of the Zoning By-Law (the "By-Law") and such other relief as necessary to locate an above-ground pool 17.8' from the rear property line where a 20' rear yard setback is required at 18 Peter Hobart Drive in Residence District B.
A public hearing was duly noticed to open on October 21, 2015. The Board continued this hearing without receipt of testimony at the Applicant's request. The first substantive hearing was then held on November 18, 2015 at Hingham Town Hall, 210 Central Street before a panel consisting of regular members Joseph M. Fisher, Chairman, Joseph W. Freeman, and W. Tod McGrath. The Applicant, Stephen Pappone, and the Applicant's Agent, Nicole Dunphy, appeared to present the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested relief from the rear yard setback requirement specified in §IV-A of the By-Law.
Throughout its deliberations, the Board has been mindful of the statements of the Applicant, its Agent, and the comments of the general public, all as made or received at the public hearing.
The subject property consists of approximately 18,121 SF improved by a single-family dwelling. The front of the property is affected by the right of way layout such that the westerly side property line is approximately 33' deeper than the easterly side line. The front portion of the property also slopes up 4' between the street and the residence which is located in the approximate center of the lot. Components of the onsite sanitary disposal system occupy side yard to the east of the house.
The plan calls for installation of 15'x30' above ground swimming pool to the immediate rear of the residence. The structure falls within 17.8' of the rear property line where a 20' setback is required. While the easterly side yard could support a comparably sized structure in conformance with zoning setback requirements, the area is unavailable for the proposed use due to the sanitary disposal system existing onsite.
Based upon the information submitted and received, and the deliberations and discussions of Board members during the hearing, the Board has determined that:
1. Circumstances relating to the property's soil conditions, namely the onsite sanitary disposal system, topography, and placement of the existing residence on the lot affect the subject property and not generally the zoning district;
2. A literal enforcement of the Zoning By-Law would involve substantial hardship, in that there is no other reasonable location for a pool on the property absent relocation of the existing septic system or placing it in the front yard;
3. The requested relief may be granted without substantial detriment to the public good. The installation will not create adverse impacts as the above-ground pool will be confined within a fenced back yard. The pool will improve the property in a manner consistent with other homes in the neighborhood; and
4. The relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law in that it is an allowed accessory use. The proposed incursion of 2.2' is relatively modest.
Upon a motion made by W. Tod McGrath and seconded by Joseph W. Freeman, the Board voted unanimously to grant a Variance from the rear yard setback requirement specified in §IV-A of the By-Law and such other relief as necessary to locate an above-ground pool 17.8' from the rear property line where a 20' rear yard setback is required at 18 Peter Hobart Drive in Residence District B.
The Variance is granted subject the following conditions:
1. The pool shall be installed in accordance with the plans submitted with the application, and representations made during 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 Zoning Board of Appeals,
Joseph W. Freeman
December 14, 2015
TOWN OF HINGHAM
Board of Appeals