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Owner/Applicant: David & Louise Oberhauser
26 Governor Long Road
Premises: 26 Governor Long Road,
Deed Reference: Plymouth County Registry of Deeds Book 36152 Page 304
Plan References: Plan entitled, “Plot Plan of Land,” prepared
by Perkins Engineering, Inc., 160 Old Derby Street, Hingham, MA, dated March
24, 2016; and drawings of the lower and upper level floor plans, unsigned and
matter came before the Board of Appeals (the “Board”) on the application of David
and Louise Oberhauser (collectively, the “Applicant”) for a Variance from §
IV-A of the Zoning By-Law (the “By-Law”) and such other relief as necessary to extend an existing front porch into front and side yard
setbacks at 26 Governor Long Road in Residence District A.
A public hearing was duly noticed and
held on July 20, 2016, at the Town Hall, 210 Central Street. The Board of Appeals panel consisted of
regular members Joseph W. Freeman, Chairman, Robyn S. Maguire, and Joseph M.
Fisher. The Applicant and the project
architect, Alan Kearney, appeared to present the request. At the conclusion of
the hearing, the Board voted unanimously to grant the requested relief from the
front and side yard setback requirements under § IV-A of the By-Law, subject to
the conditions contained herein.
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.
The subject property consists of approximately 10,723 SF located
on the southerly side of Governor Long Road. The site was previously improved
by a single-family dwelling (ca. 1940), which includes a front porch and deck.
The proposed plan calls for extension of the existing deck within
an area contained by an existing retaining wall. An enclosed storage area would
be created underneath the extended portion of the deck. The proposed
construction would result in a 12.1' side yard setback and a 22.4' front yard
setback. The proposed incursion would be relatively modest at a total of
approximately 55 SF (18 SF front and 37 SF side).
upon the information submitted and received at the hearing, the Board has
Circumstances related to soil, shape, or topography especially
affect the land or structures in question: Due to the
onsite topography, the property was previously improved with a
concrete retaining wall located within approximately 12' of the side property
line and 22' from the front. 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
topography of the site presently presents a physical barrier to accessing the
side yard. The hardship demonstrated by the Applicant is appropriate for the
modest dimensional relief requested, particularly where the dimensional
nonconformity presently exists.
3. A Variance may be granted without
substantial detriment to the public good.
The proposed deck expansion will enhance the property and allow
safe access to the side yard within an existing foundation/retaining wall.
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.
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, resulting in a 55 SF incursion. The
granting of a dimensional variance in this instance is consistent with the
purposes of the By-Law.
a motion made by Joseph M. Fisher and seconded by Robyn S. Maguire, the Board
voted unanimously to GRANT the requested Variance from § IV-A of the By-Law to extend an existing front porch into front and side yard
setbacks and add storage space below at 26 Governor Long Road in Residence
District A, subject to the following conditions:
1. The rights
authorized by this Variance shall expire one year from the date this Decision
is filed with the Town Clerk, unless exercised or extended in accordance with
the terms of M.G.L. c. 40A, § 10.
2. The Applicant shall construct the
Project in a manner consistent with the approved plans and the representations
made at the hearings before the Board.
This Decision 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.
the Town of Hingham