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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
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