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TOWN OF HINGHAM

Board of Appeals

 

 

 

 NOTICE OF DECISION

VARIANCE

IN THE MATTER OF:

Owner/Applicant:     Richard and Michelle Paterniti 

                                    13 Thompson Avenue

                                    Hingham, MA 02043

 

Premises:                    13 Thompson Avenue, Hingham, MA

 

Deed Reference:        Plymouth County Registry of Deeds Book 40004 Page 100

 

Plan References:   Plan entitled, “Permit Plan Proposed Addition,” prepared by William E. Rainey, R.L.S., 48 Bourne Street, Bridgewater, MA, dated March 28, 2016 as revised by a plan entitled, "Partial Plan," unstamped, dated June 22, 2016; and drawings of the floor plans and elevations, unsigned and undated

 

SUMMARY OF PROCEEDINGS: 

This matter came before the Board of Appeals (the “Board”) on the application of Richard and Michelle Paterniti  (collectively, the “Applicant”) for a Variance from § IV-A of the Zoning By-Law (the “By-Law”) and such other relief as necessary to reconstruct a detached garage located within side and rear yard setbacks, add storage/living space above, and connect the structure to the existing single family dwelling at 13 Thompson Ave 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 side and rear 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.

 

BACKGROUND

 

The subject property consists of approximately 10,000 SF located on the easterly side of Thompson Avenue. The property was previously improved by a single-family dwelling (ca. 1915) and a detached single story garage. Components of the onsite wastewater disposal system is located to the immediate rear of the dwelling.

 

The application narrative describes the existing garage as structurally unsound. The proposed project involves reconstruction and extension of the accessory structure, as well as a connection to the dwelling by way of a mudroom and covered porch. The existing 4' rear  yard setback would be maintained and the approximate 6' side yard setback would be maintained and extended by 4'. Each nonconformity would be extended upwards as proposed due to the addition of a second story.

 

During the hearing,  the Applicant submitted letters of support from three abutters to the property. The Applicant also confirmed his intention to use the second floor space initially as unfinished storage; however, he hope to eventually use it as an extension of the home's living space. He further represented that the space would not include cooking and bathing facilities that could in combination serve as a separate dwelling unit.

 

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 was previously improved with nonconforming detached accessory structure located within both side and rear yard setbacks. The rear portion of the property is limited by the onsite wastewater disposal system. 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. 

Literal enforcement would require the Applicant to either maintain a structural unsound detached garage or relocate the existing septic system. Absent relief the Applicant would not be able to improve the property in a manner consistent with others in the neighborhood, negatively affecting the overall use and enjoyment of the property.

 

3.      A Variance may be granted without substantial detriment to the public good.  The project will maintain and modestly extend the setbacks associated with the existing garage and 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.  Relief will permit construction of an attached garage, 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 reconstruct a detached garage located within side and rear yard setbacks, add storage/living space above, and connect the structure to the existing single family dwelling at 13 Thompson Ave 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, and specifically the representation that the garage addition shall not be improved with complete living facilities to serve as a separate dwelling unit.

 

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