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TOWN OF HINGHAM
Board of Appeals
VARIANCE DECISION
IN THE MATTER OF:
Applicant/Owner: Tucker & Julie Radebaugh
14 Thayer Street
Hingham, MA 02043
Premises: 14 Thayer Street, Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 41783, Page 317
Plan References: "14 Thayer Street Residence," prepared by Carr, Lynch and Sandell, Inc., 1904 Massachusetts Avenue, Cambridge, MA, dated March 16, 2015 and revised April 12, 2016 (Drawings A1-A2 and L1)
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals (the "Board") on the application of Tucker and Julie Radebaugh (collectively, 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 detached accessory structure, consisting of an exercise and playroom, within the footprint of an existing barn and porch, which is located approximately 2.5' from the side property line and 16.5' from the rear property line where 15' and 25' setbacks are respectively required 14 Thayer Street 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. The Applicant was represented during the hearing by Robert Shepard, General Contractor. At the conclusion of the hearing, the Board voted unanimously to grant the requested Variance from the side and 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 8,809 SF with frontage on Thayer Street to the (front) and Central Street (rear). The lot is narrow in width with just 45' of frontage on both streets. An existing single family dwelling (ca. 1870) sits to the front of the property along Thayer Street and an existing detached barn and porch are located in the rear of the property near Central Street.
The proposed plan would replace the detached accessory structure with a new exercise and playroom. The new structure would occupy the same (20' x 23') footprint as the existing barn/porch, therefore maintaining nonconforming front and side yard setbacks. The proposed structure, with a height of 24'6" to the ridge, would comply with the maximum 30' limitation for accessory structures.
During the hearing, the Applicant submitted letters of support for the project from four abutters.
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 narrow in width, with 45' of frontage on both Thayer Street and Central Street. The lot was also previously improved by a centrally-located single family dwelling and nonconforming accessory structure that requires replacement. These circumstances in combination do not generally affect the neighborhood.
2. The literal enforcement of the By-Laws would involve substantial hardship financial or otherwise. The lot shape and existing improvements on the lot limit by-right location of an accessory structure. Absent relief, the Applicant would be prevented from reconstructing an existing detached accessory structure that is in poor condition.
3. A Variance may be granted without substantial detriment to the public good. The project will improve upon the condition of the existing barn and the design of the proposed accessory 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 resulting structure will maintain the nonconforming setbacks associated with the existing barn and continue to be used as an accessory structure. 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 detached accessory structure, consisting of an exercise and playroom, within the footprint of an existing barn and porch, which is located approximately 2.5' from the side property line and 16.5' from the rear property line where 15' and 25' setbacks are respectively required 14 Thayer Street in Residence District A.
The Variance is granted subject the following condition:
1. The construction shall proceed in a manner consistent with the approved plans and representations made by the Applicant. The accessory structure shall not include a shower or kitchen.
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,
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Joseph W. Freeman
July 11, 2016
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