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IN THE MATTER OF:
Applicant/Owner: Jane Twombly & Ronald Twombly Sr. 11 Kilmer Road Hingham, MA 02043
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.
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.
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:
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:
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