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134 East Howard Street Quincy, MA 02169
134 East Howard Street
Quincy, MA 02169
Hingham, MA 02043
Certificate of Title No. 101847 issued by the Plymouth County Registry District of the Land Court
1. There are circumstances relating to soil conditions, shape or topography especially affecting the land but not affecting generally the zoning district. The property is affected by an unusual trapezoid-like shape. The lot width tapers from 83' at the front to 50' at the rear. The existing vacant restaurant structure occupies the westerly half of the lot. This shape and the existing improvements are circumstances that do not affect the neighborhood or zoning district more generally.
2. A literal enforcement of the By-Laws would involve substantial hardship financial or otherwise. The Applicant would incur hardship if the setback requirement is literally enforced. It is not feasible to locate the equipment, which is necessary to operate the permitted restaurant use, elsewhere on the lot.
3. A Variance may be granted without substantial detriment to the public good. The equipment is located as far from the abutting residential district as possible. Route 3A is a heavily traveled roadway. Noise generated by passing vehicles will minimize any potential noise from the proposed equipment. The units will be screened from view by installation of a new 6' stockade fence along the easterly side property line, which is shared with a preexisting nonconforming residential use.
4. Variance may be granted without nullifying or substantially derogating from the intent or purposes of the By-Law. The intent of the By-Law is to minimize adverse impacts associated with mechanical equipment in residential districts. The proposed equipment is itself located in a business district and as far as possible from the abutting residential, which overlaps with Route 3A.