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TOWN OF HINGHAM
Board of Appeals
VARIANCE DECISION
IN THE MATTER OF:
Applicant/Owner: Ronald P. Crombie
3 Foley Court
Hingham, MA 02043
Premises: 3 Foley Court, Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 13802, Page 129
Plan References: "Plan of Land, 2-3 Foley Court in Hingham, MA," prepared by Aaberg Associates, Inc., 80 Washington Street, Norwell, MA, dated December 19, 2005, revised copy showing proposed garage location received by the Board on May 18, 2016 and elevation and floor plans depicting the proposed garage, received with the application on May 18, 2016
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals (the "Board") on the application of Ronald P. Crombie (the "Applicant") for a Variance from § IV-A of the Zoning By-Law (the "By-law") and such other relief as necessary to construct a (15.5'x21.5') detached garage in the same approximate footprint as a former (12.5'x19.5') garage destroyed by heavy snow loads and located 3' from the rear property line where a 15' rear yard setback is required at 3 Foley Court in Residence District A.
A public hearing was duly noticed and held on June 15, 2016 at Hingham Town Hall, 210 Central Street. The Board panel consisted of its regular members Joseph M. Fisher, Chairman, Joseph W. Freeman, and Robyn S. Maguire. At the conclusion of the hearing, the Board voted unanimously to grant the requested Variance from the rear yard setback requirements under § IV-A of the By-Law.
Throughout its deliberations, the Board has been mindful of the statements of the Applicant and the comments of the general public, all as made or received at the public hearing.
BACKGROUND:
The subject property consists of 9,147 SF located at the end of a private way, Foley Court. The lot is unusually shaped, greater in length than depth, with seven distinct line segments. Approximately one-third of the property is affected by wetlands.
The site was previously improved by a single-family dwelling and a nonconforming detached accessory structure. The accessory structure, which sat 3' from the rear property line, was destroyed by heavy snow loads in winter 2015. The Applicant now proposes to reconstruct and modestly extend the garage in the same approximate location as the former. While reconstruction after catastrophe is permitted by-right within two years under § III-I, 1.B, the proposed extension requires relief. Additionally, the Applicant filed an Administrative Review Application with the Conservation Office for the proposed work. The Conservation Officer approved the plan in May 2016.
FINDINGS:
Based upon the information submitted and received at the hearing, the Board has determined that:
1. Circumstances related to soil, shape, or topography especially affect the land or structures in question: The property is affected by an onsite wetland resource area in the western portion of the lot. Additionally, the lot is unusually shaped greater in length than depth, with seven distinct line segments. These circumstances in combination do not more generally affect the district.
2. The literal enforcement of the By-Laws would involve substantial hardship financial or otherwise. The lot shape and onsite wetland resource create physical and regulatory barriers to by-right construction on the property. Absent relief, the Applicant would be prohibited from improving upon the former undersized garage in a manner consistent with others in the neighborhood.
3. A Variance may be granted without substantial detriment to the public good. The design of the proposed structure is consistent with others in the neighborhood. There will be no adverse effects on the neighborhood and there will be no harm to the public good resulting from the proposed accessory structure.
4. A Variance may be granted without nullifying or substantially derogating from the intent or purposes of the By-Law. The requested relief is modest in nature. The granting of a dimensional variance in this instance is consistent with the purposes of the By-Law.
DECISION and CONDITIONS:
Upon a motion made by Joseph W. Freeman and seconded by Robyn S. Maguire, the Board voted unanimously to GRANT the requested Variance from § IV-A of the Zoning By-Law to construct a (15.5'x21.5') detached garage in the same approximate footprint as a former (12.5'x19.5') garage destroyed by heavy snow loads and located 3' from the rear property line where a 15' rear yard setback is required at 3 Foley Court in Residence District A.
The Variance is granted subject the following condition:
1. The construction shall be completed in accordance with the above-referenced plan, 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
June 27, 2016
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