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VARIANCE DECISION
IN THE MATTER OF:
Applicant/Owner: Brian and Denise Hall
42 Brewster Road
Hingham, MA 02043
Premises: 42 Brewster Road, Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds Book 33960, Page 235
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 Brian and Denise Hall (collectively, the "Applicant") for a Variance from § IV-A of the Zoning By-Law (the "By-Law") and such other relief as necessary to locate a 10’x16’ shed within the required (east) side yard setback at 42 Brewster Street in Residence District B.
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.
BACKGROUND:
The subject property contains 12,841 SF of land located on the northeast corner of the intersection of Brewster Road and Brewster Drive. The approximate center of the property is improved by a single-family dwelling (ca. 1960). An onsite wastewater disposal system is located to the immediate rear of the dwelling. Minor grade changes are shown on the plan and particularly affect the back of the property (el. 95 - el. 91).
The Applicant plans to install a 10'x16' shed within an existing pad area in the rear, southeasterly portion of the lot, which previously supported a play structure. The application includes a specification sheet from Reeds Ferry Sheds describing the proposed shed style as "Historic Colonial" with pine clapboards, shutters, double door, and cupola.
During the hearing, Board members discussed potential alternative locations. The opposite side of the property is limited by the required 35' front yard setback from Brewster Drive in addition to modest grade changes. The center portion of the property is affected by the onsite "septic" wastewater disposal system, which is an indicator of poor soil conditions. Members agreed that no by-right alternative location existed on the property for the proposed accessory structure.
The Board also noted a discrepancy between the shed size indicated on the submitted plan (10'x18') and that referenced in both the application narrative and specification sheet (10'x16'). The Applicant confirmed that the footprint of the proposed shed would be 10'x16'. Additionally, the Applicant indicated that the accessory structure would be located further from the property line than depicted on the plan. The Board discussed possible conditions to ensure that the resulting structure would comply with the representations made by the Applicant during the hearing.
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 is located at the corner of Brewster Road and Brewster Drive and previously improved by a single-family dwelling. Soil conditions, specifically the onsite wastewater disposal system, and minor variations in grade affect the rear portion of the lot. 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. There are physical and regulatory barriers to locating the proposed accessory structure elsewhere in the rear of the property. Additionally, the proposed location is already prepared to install a shed because of its prior use as a play area. These types of accessory structures are common improvements in the neighborhood.
3. A Variance may be granted without substantial detriment to the public good. 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 installation of a 10'x16' shed, 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 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 locate a 10’x16’ shed within the required (east) side yard setback at 42 Brewster Street in Residence District B.
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 specifications and the representations made at the hearings before the Board. Plans submitted in support of a building permit application should clearly depict a 10'x16' footprint located no closer than 10' from the easterly side property line.
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,
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Joseph W. Freeman, Chairman
August 19, 2016
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