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NOTICE OF DECISION
VARIANCE

IN THE MATTER OF:

Applicant/Owner: Phillip & Katie Gallagher Agent:         Monica Mackenzie
222 South Street      5 Alden Road
Hingham, MA 02043      Hingham, MA 02043

Property: 222 South Street, Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds, Book 41450, Page 206

Plan Reference: Plan entitled, "Permit Plan, Proposed Addition,” prepared by William E. Rainey, RLS, 48 Bourne Street, Bridgewater, MA, dated April 3, 2017 and revised May 17, 2017 and architectural plans entitled, "Garage-Addition Design," prepared by Architecture by SPB, Pocasset, MA, dated March 9, 2017 (Drawings A1, A2, S1, S2)

SUMMARY OF PROCEEDINGS

This matter came before the Board of Appeals (the “Board”) on the application of Phillip and Katie Gallagher (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 replace and extend a detached garage located 0.7’ from the side property line with an attached, two story garage at 222 South Street in Residence District A.

The Board opened a duly advertised and noticed public hearing on the application on May 17, 2017 at Hingham Town Hall, 210 Central Street. The Board panel consisted of its regular members Joseph W. Freeman, Chairman, Robyn S. Maguire, and Joseph M. Fisher. The Applicant and Applicant’s Agent appeared during the hearings to present the request to the Board. At the conclusion of the proceedings, the Board voted unanimously to grant the requested relief subject to conditions set forth below.

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 28,792 SF of land located on the south side of South Street. The lot is irregularly shaped with a narrow width (35.76’ at the front and 74.55’ at the rear property line) relative to its length (~300 linear feet). The property experiences varying grades, but generally slopes up from front to back by an approximately 10’ change in elevation. The lot is improved by a structure dating to 1829 that originally served as the Old West School, and subsequently as a hay and grain store, the South Shore Belgian Hare Co., and Lincoln Hall. The building is now used as a single-family dwelling. The structure was site to far rear of the lot, at a distance approximately 240’ back from South Street. Additionally, exposed ledge affects the westerly third of the back yard.

A detached garage is presently sited to the immediate east of the dwelling and just 0.7’ from the side property line. The proposed plan would replace this structure with a new, 2-story, attached garage, maintaining and extending the nonconforming setback associated with the existing carport.

The Historic Districts Commission reviewed the proposed project and issued a Certificate of Appropriateness on April 3, 2017.

FINDINGS

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 its narrow width, varying topography, and presence of ledge. These circumstances, in combination with the position of the existing dwelling to the rear of the lot, do not more generally affect either the neighborhood or the zoning district.

2. The literal enforcement of the By-Laws would involve substantial hardship financial or otherwise. Literal enforcement would necessitate the removal of significant ledge and limit the applicant from improving the property in a similar configuration as presently exists.

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. The design of the proposed garage is consistent with the surrounding neighborhood and deemed appropriate by the Historic Districts Commission..

4. A Variance may be granted without nullifying or substantially derogating from the intent or purposes of the By-Law. The proposed garage maintains and modestly extends the nonconforming side yard setback associated with the existing garage. 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 Joseph M. Fisher, the Board voted unanimously to GRANT the requested relief to replace and extend a detached garage located 0.7’ from the side property line with an attached, two story garage at 222 South Street 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 hearingassaQ 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,

__________________________________
Robyn S. Maguire
July 14, 2017