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TOWN OF HINGHAM

Board of Appeals

 

 NOTICE OF DECISION

VARIANCE

IN THE MATTER OF:

Owner/Applicant:            Matt & Stacy Havens

                                               5 Westview Circle

                                                Hingham, MA 02043
 

Premises:                            5 Westview Circle, Hingham, MA 

Deed Reference:             Certificate of Title No. 96020 issued by the Plymouth County Registry District of the Land Court

 

Plan References:      Site Plan entitled, “Plan of Land,” prepared by Hoyt Land  Surveying, 1287 Washington Street, Weymouth, MA, dated  November 13, 2014; and an architectural plans, entitled, "Proposed First Floor Plan, Proposed Front Elevation, and Proposed Side Elevation," prepared by Reisen Design Associates, 32R Essex Street, Cambridge, MA, dated May 20, 2015.

 SUMMARY OF PROCEEDINGS: 

This matter came before the Board of Appeals (the “Board”) on the application of Matt and Stacy Havens (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 portico resulting in a 19.4’ front yard setback where 25’ is required at 5 Westview Circle 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 appeared to present the request. At the conclusion of the hearing, the Board voted unanimously to grant the requested relief from the front yard setback requirement 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.

 

BACKGROUND 

The subject property consists of approximately 20,000 SF located on the westerly side of the Westview Circle cul-de-sac. The lot shape is affected by this location such that the bulb of the cul-de-sac curves in toward the lot. The remaining area is roughly shaped like a trapezoid. The property experiences significant grade changes with an approximate 22' drop in elevation from the front of the lot to its midpoint. A 20'-wide utility easement runs along the southerly side property line. 

The property was previously improved by a single family dwelling (ca. 1973), which is Garrison in style. As a result of this building design, the second story cantilevers over the first by approximately 1.5'. 

The proposed plan would locate a portico (10'x5') over the existing front door and partially under the cantilevered portion of the second story. The proposed construction would result in a 19.4' front yard setback and a 50 SF incursion where a maximum of 30 SF would be allowed by the projections exemption under Section IV-C, 7. of the Zoning By-Law.  

The Petitioner represented to the Board that three of the five homes located on Westview Circle have similar covered front porch entries. 

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 lot shape is affected by its location at the end of a cul-de-sac such that the roadway curves in toward the lot. The remaining area is roughly shaped like a trapezoid. The property experiences significant grade changes with an approximate 22' drop in elevation from the front of the lot to its midpoint. A 20'-wide utility easement runs along the southerly side property line. Finally, the property is previously improved by a single family dwelling (ca. 1973), which is Garrison in style. As a result of this building design, the second story cantilevers over the first by approximately 1.5'. 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, topography, and existing improvements on the lot limit by-right location of an accessory structure. Absent relief, the Applicant would be prohibited from making an improvement to the property intended to redirect water flow at the entryway in a manner is consistent with other homes in the neighborhood.

 

3.       A Variance may be granted without substantial detriment to the public good.  The proposed project would be consistent in design with others in the neighborhood. There will be no adverse effects and there will be no harm to the public good resulting from the proposed covered front porch. 

       

4.       A Variance may be granted without nullifying or substantially derogating from the intent or purposes of the By-Law.  The resulting structure would be located partially under an existing cantilevered portion of the single family dwelling. The resulting incursion beyond that permitted by the projections exemption under Section IV-C, 7. of the By-Law is de minimis.   Relief will permit construction of a portico, which is an allowed accessory structure in residential districts. The granting of a dimensional variance in this instance is consistent with the purposes of the By-Law.

 

DECISION 

Upon 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 construct a portico resulting in a 19.4’ front yard setback where 25’ is required at 5 Westview Circle 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.

 

For the Town of Hingham

Board of Appeals,

 

 

                                                                                                ________________________________

                                                                                                Joseph W. Freeman

                                                                                                July 26, 2016