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NOTICE OF DECISION
IN THE MATTER OF:
Applicant: Patrick and Kristin Uiterwyk
36 Fairview Street
Hingham, MA 02043
Property: 36 Fairview Street, Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds, Book 34603, Page 75
Plan Reference: Site plan entitled, "Plan of Land, 36 Fairview Street, Hingham, MA,” prepared by Hoyt Land Surveying, 1287 Washington Street, Weymouth, MA, dated January 25, 2016 and revised February 2, 2017, and an architectural plan set, including floor and elevation plans, entitled, "Uiterwyk Residence, 36 Fairview Street, Hingham, MA," prepared by Tiryaki Architectural Design, LLC, 21 South Main Street, Cohasset, MA, dated January 24, 2017 (Drawings A1.0 - A1.2, A2.1 - A2.2, and AE1-1 - AE1-2)
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the “Board”) on the application of Patrick and Kristin Uiterwyk (collectively, the “Applicant”) for a Variance from § IV-A of the Hingham Zoning By-Law (the “By-Law”) and such other relief as necessary to construct an attached two car garage with living space above resulting in a 21.3’ front yard setback where 25’ is required at 36 Fairview Street in Residence District A.
The Board opened a duly advertised and noticed public hearing on the application on April 19, 2017 at Hingham Town Hall, 210 Central Street. The Board panel consisted of its regular members Joseph W. Freeman, Chairman, and Joseph M. Fisher, and associate member Mario Romania, Jr. The Applicant appeared to present the application to the Board. At the conclusion of the hearing, the Board voted unanimously to grant the requested relief subject to 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 AND DISCUSSION
The subject property consists of 9,194 SF bounded on two sides by Fairview Street. A single-family dwelling was constructed on the lot in 1940. The northwestern portion of the property is limited by the location of an onsite wastewater disposal system.
The Applicant seeks relief from the 25’ front yard setback requirement to construct a two-car garage with living space above. The addition would be worked into existing grades such that the garage will be at the level of the existing basement. The resulting front yard setback ranges from 22.6’ to 21.3’ due to the curvature of the front property line. The proposed footprint is 22’-6” deep by 28’x4” wide. The total proposed incursion is less than 100 SF.
Based upon the information submitted and received, and the deliberations and discussions of Board members during 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 limited by location of an onsite wastewater disposal system, consisting of a septic tank and leaching field, located to the rear of the existing single-family dwelling. Modest grade changes and an unusual lot shape created by the bend in Fairview Street also affect the property. 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 location of the septic system in relation to existing dwelling, in addition to the modest grade changes and lot shape issues, present significant difficulties and financial hardship with locating the proposed addition elsewhere on the Property.
3. A Variance may be granted without substantial detriment to the public good. The proposed project will not generate noise, traffic, or result in other similar negative impacts. There will be no adverse effects 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. The proposed additional incursion of approximately 100 SF is relatively modest. The granting of a dimensional variance in this instance is consistent with the purposes of the By-Law.
Upon a motion made by Joseph M. Fisher and seconded by Mario Romania, Jr., the Board voted unanimously to grant the requested Variance from § IV-A of the By-Law to construct an attached two car garage with living space above resulting in a 21.3’ front yard setback where 25’ is required at 36 Fairview Street in Residence District A, subject to the following condition:
1. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made at the hearings before the Board.
This decision shall not take effect until a copy of the decision bearing the certification of the Town Clerk, that twenty (20) days have elapsed since the decision has been filed in the office of the Town Clerk and no appeal has been filed, or that if such appeal has been filed, that it has been dismissed or denied, is recorded with the Plymouth Registry of Deeds and/or the Plymouth County Land Court Registry, and indexed in the grantor index under the name of the record owner or is recorded and noted on the owner’s certificate of title.
For The Board of Appeals,
Joseph W. Freeman
June 2, 2017