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IN THE MATTER OF:
Applicant/Owner: Kenneth and Jennifer Kilduff
27 Fairview Street
Hingham, MA 02043
Premises: 27 Fairview Street, Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 43761, Page 348
Plan References: Plan entitled, "Proposed Garage Replacement Plan," prepared by Michael Cole, 23 Hawley Road, Scituate, MA, dated July 16, 2016 and architectural drawings entitled, "Kilduff, 27 Fairview," including floor plan and elevations, unsigned, dated July 11, 2016 (4 drawings)
SUMMARY OF PROCEEDINGS:
This matter came before the Zoning Board of Appeals (the "Board") on the application of Kenneth and Jennifer Kilduff (collectively the "Applicant") for a Variance from § IV-A of the Zoning By-Law (the "By-Law") and such other relief as necessary to replace a nonconforming detached garage located 10’ from the side property line with an attached garage located 11’ from the side property line where 15’ side yard setbacks are required at 27 Fairview Street in Residence District A.
A public hearing was duly noticed and held on August 17, 2016 at Hingham Town Hall, 210 Central Street. The Board panel consisted of its regular members Joseph W. Freeman, Chairman, and Robyn S. Maguire, and associate member Michael Mercurio. The Applicant appeared to present the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested relief from the 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 contains 30,000 SF located on the south side of Fairview Street. The lot is improved by a single-family dwelling and nonconforming single-car garage located 10' from the westerly side property line. The onsite wastewater disposal system occupies the northeast portion of the property while variable grades affect the rear portion of the lot with an approximate 30' drop from the back of house to rear property line.
The Applicant plans to replace the existing detached garage, which is in a deteriorated state due to carpenter ant and termite damage, with an attached single car garage. The existing nonconforming side yard setback of 10' would be improved modestly to 11'. The proposed project would result in an additional 28 SF incursion into the side yard setback beyond that presently existing.
During the public comment portion of the hearing, direct abutters to the property spoke in support of the application. No members of the audience spoke in opposition.
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 experiences significant grade changes with an approximate 30' drop in elevation from the back of the existing dwelling to the rear property line. An onsite wastewater disposal system limits the easterly side yard and an existing, nonconforming detached garage occupies the westerly side yard. 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 and existing improvements on the lot limit by-right location of a functional, safely accessible accessory structure. Absent relief, the Applicant would incur significant financial hardship in relocating the wastewater disposal system or filling the backyard to accommodate a garage. The hardship demonstrated is appropriate for dimensional variances, particularly where a dimensional nonconformity presently exists.
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 in terms of noise, traffic, or other negative impacts, and there will be no harm to the public good resulting from the proposed garage extension.
4. A Variance may be granted without nullifying or substantially derogating from the intent or purposes of the By-Law. The resulting structure would improve the side yard setback nonconformity associated with the existing detached garage. The additional incursion beyond that existing is di minimis. The granting of a dimensional variance in this instance is consistent with the purposes of the By-Law.
Upon a motion made by Robyn S. Maguire and seconded by Michael Mercurio, the Board voted unanimously to GRANT the requested Variance from § IV-A of the Zoning By-Law to replace a nonconforming detached garage located 10’ from the side property line with an attached garage located 11’ from the side property line where 15’ side yard setbacks are required at 27 Fairview Street in Residence District A.
The Variance is granted subject 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.
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,
Joseph W. Freeman, Chairman
August 19, 2016