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VARIANCE DECISION

IN THE MATTER OF:

Applicant/Owner:   Jane Twombly & Ronald Twombly Sr. 
                                    11 Kilmer Road

Premises:                      11 Kilmer Road, Hingham, MA 02043

Title Reference:           Plymouth County Registry District of Deeds Book 8725 Page 305

Plan References:              Mortgage inspection prepared by George C. Collins, PLS, dated February 24, 2003 and unsigned, undated construction drawings entitled, “Front Deck Framing Plan” and “Section View – Footing,”  

SUMMARY OF PROCEEDINGS

This matter came before the Zoning Board of Appeals (the "Board") on the application of Jane Twombly & Ronald Twombly Sr.  (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 and extend an existing landing and stairs, resulting in a 9' front yard setback and 11.5' side yard setback where 15' is required at 11 Kilmer Road in Residence District A.

A public hearing was duly noticed and held on January 11, 2017 at Hingham Town Hall, 210 Central Street.  The Board panel consisted of its regular members Joseph M. Fisher, Acting Chairman, and Robyn S. Maguire, and associate member Alan M. Kearney. The Applicant and Applicant's Agent, Attorney Jeffrey A. Tocchio, Drohan Tocchio & Morgan, P.C., were in attendance to represent the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested relief from the setback requirements under § IV-A of the By-Law.

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 is located on the westerly side of Kilmer Road, which is an 11’-wide private passageway. The lot consists of approximately 4,776 SF improved by a single-family dwelling that dates to 1935 according to the Assessor’s Record. 

The Applicant requested relief in order to maintain a recently constructed front landing extension. The resulting structure is located 9’ from Kilmer Road and 11.5’ from the northwesterly side property line. The resulting side yard setback is approximately 1.5’ less intensive than that associated with the existing nonconforming dwelling.  

The Applicant included a letter of support from the most directly impacted neighbors at 13 Kilmer Road. During the hearing, an abutter from 121 Downer Avenue commented on the application. He indicated that the design improved the property in a manner consistent with the neighborhood.

FINDINGS

Based upon the information submitted and received at the hearing, and the deliberations and discussions of Board members during the hearing, the Board has determined that:

1. There are circumstances relating to soil conditions, shape or topography especially affecting the land but not affecting generally the zoning district. The lot is narrow in shape, with 50' of frontage on Kilmer Road, which is an 11’-wide private passageway. The main living area of the existing dwelling is raised above an at-grade basement and garage.  These conditions in combination are not generally found throughout the zoning district.

2. The literal enforcement of the Bylaws would involve substantial hardship financial or otherwise.  The landing and stairway improvements allow the Applicant to access the main floor from the front yard. A grant of a Variance in this instance will allow for a reasonable use that is consistent other single-family uses in the Residence A Zoning District;

3. A variance may be granted without substantial detriment to the public good.  The proposed project will not create any noise, traffic or result in other similar negative impacts.  The proposed project will improve the utility of the structure, as well as its appearance. There will be no adverse effects on the neighborhood and there will be no harm to the public good; and

4. A variance may be granted without nullifying or substantially derogating from the intent or purposes of the Bylaw.  The landing and stairs only modestly extend existing nonconforming dimensions associated with the preexisting nonconforming structure. The resulting structure is consistent with the character of the neighborhood.  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 Alan M. Kearney, the Board voted unanimously to GRANT the requested Variance from § IV-A of the Zoning By-Law to maintain an existing landing and stairs, resulting in a 9' front yard setback and 11.5' side yard setback where 15' is required at 11 Kilmer Road in Residence District A, subject to the following condition:

1. The Applicant shall file an application for a building permit to permit the construction in accordance with the applicable law under building code.

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 Board of Appeals,

                                                                                    ________________________________

                                                                                    Robyn S. Maguire

                                                                                    February 14, 2017