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NOTICE OF DECISIONVARIANCEIN THE MATTER OF:Applicant and Derek & Lisa DeGrass Agent: Jeffrey A. Tocchio, Esq.Property Owner: 43 Harbor View Drive 175 Derby St., Suite 30 Hingham, MA 02043 Hingham, MA 02043Premises: 43 Harbor View Drive, Hingham, MA 02043 Deed Reference: Plymouth County Registry of Deeds, Book 37683, Page 67Plan References: Site plan entitled, “Proposed Variance Plan, 43 Harbor View Drive, Hingham, Ma,” prepared by Hoyt Land Surveying, 1287 Washington Street, Weymouth, MA, dated March 14, 2017 and revised March 29, 2017, and an architectural plan set entitled, “DeGrass Residence Renovation, 43 Harbor View Drive, Hingham, Massachusetts,” prepared by Tiryaki Architectural Design, LLC, 21 South Main Street, Cohasset, MA, dated March 14, 2017 and revised March 29, 2017 (11 drawings) SUMMARY OF PROCEEDINGSThis matter came before the Board of Appeals (the “Board”) on the application of Derek and Lisa DeGrass (collectively, the “Applicant”) for variances from § IV-A of the Zoning By-Law (the “By-Law”) and such other relief as necessary to construct a two-car attached garage with living/storage space above within the required 15’ side yard setback and extend a front porch within the required 25’ front yard setback at 43 Harbor View Drive in Residence District A. The Board of Appeals opened the hearing on the application at a duly advertised and noticed public hearing on Wednesday, March 15, 2017 at Hingham Town Hall, 210 Central Street. The Board of Appeals panel consisted of its regular members Joseph W. Freeman, Chairman, Robyn S. Maguire, and Joseph M. Fisher. Subsequent hearings were held before the Board at the Applicant’s request on April 5, 2017, April 18, 2017 and May 17, 2017. Members of the Board also participated in a site visit to the Property held on May 16, 2017. The Applicant was in attendance at all hearings. Attorney Jeffrey A. Tocchio represented Applicant. On May 17, 2017, after substantial discussion about the proposed garage addition, Attorney Tocchio submitted a written requested on behalf of the Applicant to withdraw the side yard setback variance request to allow for its construction from consideration. Upon a motion made by Joseph M. Fisher and seconded by Robyn S. Maguire, the Board voted unanimously to grant the withdrawal request without prejudice.The Board received substantial public comment from abutters to the Property during the hearing. 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, including written comments received by the Zoning Administrator and included in the public record. At the conclusion of the hearing, the Board voted unanimously to grant the requested relief to extend a front porch within the required 25’ front yard setback at 43 Harbor View Drive in Residence District A, subject to conditions set forth below. BACKGROUND The subject property consists of 12,545 SF of land located on the north side of Harbor View Drive. The lot is improved by a single-family dwelling built in 1953. The dwelling includes an existing 40 SF incursion into the front yard setback resulting from a front porch, but otherwise conforms to the setback requirements for Residence District A. The lot is affected by a significant change in elevation between the front and rear property lines, with an average 18 % downward slope. The proposed project, as revised through the hearing process, consists of an enlargement of the existing nonconforming front porch. The proposed construction would maintain and extend the current 21’ front setback and result in an additional 88 SF incursion into the front yard. The front porch extension will allow for level, direct access from the driveway to the two entrances to the house, which does not presently exist. The Board considered and evaluated substantial comments from members of the public on the proposed project. In response and as noted in the procedural summary above, the Applicant modified the original request and withdrew from consideration the side yard setback variance related to a proposed garage with living space above. APPROVAL CRITERIA Based on the information submitted and presented during the hearing, and subject to satisfaction of the conditions set forth below, the Board made the following findings: 1. There are circumstances relating to soil conditions, shape or topography especially affecting the land but not affecting generally the zoning district. The Property is affected by a significant change in elevation between the front and rear property lines, with an average 18 % downward slope. The dwelling includes an existing front porch that results in a 21’ front yard setback where 25’ is required in Residence A. These circumstances in combination especially affect the lot and not generally the zoning district.2. The literal enforcement of the Bylaws would involve substantial hardship financial or otherwise. Literal enforcement would limit the Applicant from extending the existing nonconforming front porch and creating a level entrance to the dwelling from the driveway. A grant of a Variance in this instance will allow for a reasonable use that is consistent with Residence A Zoning District.3. A variance may be granted without substantial detriment to the public good. The proposed project will improve the existing operations and appearance of the Property. There will not be a substantial detriment in terms of traffic, noise, or other similar impacts to the public good resulting from the front porch extension. 4. A variance may be granted without nullifying or substantially derogating from the intent or purposes of the Bylaw. Front porches are allowed accessory structures in residential districts. The proposed extension will result in a relatively modest incursion of an additional 88 SF into the front yard setback. Accordingly, the granting of a dimensional variance in this instance is consistent with the intent of the By-Law.DECISIONUpon a motion made by Robyn S. Maguire and seconded by Joseph M. Fisher, the Board voted unanimously to grant a variance from § IV-A of the By-Law and such other relief as necessary to extend a front porch within the required 25’ front yard setback at 43 Harbor View Drive in Residence District A, subject to the following conditions: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. 2. Prior to application for a Building Permit, the Applicant shall submit an updated site plan removing the previously proposed garage addition and demonstrating compliance with parking requirements specified in Section V-A of the By-Law. 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 County 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, ChairmanJune 8, 2017