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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
VARIANCE MODIFICATION

IN THE MATTER OF:

Owner/Applicant: Joseph and Abigail Theis
22 Free Street
Hingham, MA 02043

Property: 22 Free Street, Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds, Book 43495, Page 104

Plan References: Architectural plan set, entitled, "Theis Residence," prepared by Aprea Design, 23 Shipyard Drive, Hingham, MA, dated January 27, 2017 (Drawings A-1 – A-4)

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the “Board”) on the application of Joseph and Abigail Theis (collectively, the “Applicant”) to modify a Variance from § IV-A of the Zoning By-Law (the “By-Law”), issued October 25, 2016, and such other relief as necessary to use the approved second floor storage area of a detached garage, located 8.2’ from the side property line where 15’ is required, as a home office, including half bath, at 22 Free Street in Residence District A.

A public hearing was duly noticed and held on March 15, 2017 at the Town Hall, 210 Central Street. The Board panel consisted of regular members Joseph W. Freeman, Chairman, Robyn S. Maguire, and Joseph M. Fisher. The Applicant was represented by Attorney Jeffery A. Tocchio, Esq. At the conclusion of the hearing, the Board voted unanimously to grant the requested modification, 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 Board granted a variance to the Applicant on October 25, 2016 to locate a 19'x28' garage approximately 8' from the easterly side property line and attached by way of a covered walkway to the rear of the dwelling. The project will result in an incursion of 178 SF within the required side yard setback. In the prior application, the Applicant represented that the second floor of the garage would consist of storage space. The Applicant now requests a modification in order to change the plan for the second floor to a home office use.

During the hearing, the Board received a letter of support for the proposed modification from the owners of the abutting property at 28 Free Street.

FINDINGS AND DECISION

Based on the information submitted with the application and presented during the hearing, as well as the deliberation and discussion of the Board during the hearing, the Board finds that the proposed Modification does not affect the specific findings made in its Decision, dated October 25, 2016.

Upon a motion made by Joseph M. Fisher and seconded by Robyn S. Maguire, the Board voted unanimously to GRANT the requested variance modification to use the approved second floor storage area of a detached garage, located 8.2’ from the side property line where 15’ is required, as a home office, including half bath, at 22 Free Street in Residence District A, subject to the following conditions:
1. Work shall proceed in accordance with the plans and representations made by the Applicant to the Board.
2. The structure shall not be used 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 Board of Appeals,


________________________________
Joseph W. Freeman
May 19, 2016