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TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
IN THE MATTER OF:
Owner/Applicant: Christopher & Julie Nahil
1 Patriots Way
Hingham, MA 02043
Property: 1 Patriots Way, Hingham, MA 02043
Deed Reference: Plymouth County Registry of Deeds Book 18556, Page 278
Plan References: 1.) "Plot Plan," prepared by Perkins Engineering, Inc., 160 Old Derby Street, Hingham, MA, dated September 26, 2017;
2.) Architectural drawing of the proposed front elevation entitled, “Nahil Res., 1 Patriots Way,” unsigned and undated; and
3.) “Septic System Plan,” prepared by E.L Margetts & Sons, Inc., Off 97 Ward Street, Hingham, MA, undated
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the “Board”) on the application Christopher and Julie Nahil (collectively, the “Applicant”) for a Variance from § IV-A of the Zoning By-Law (“By-Law”) and such other relief as necessary to construct an attached two-car garage resulting in a 27.4’ front yard setback from Hancock Road where 35’ is required at 1 Patriots Way in Residence District B.
A public hearing was duly noticed and held on November 14, 2017 at the Town Hall, 210 Central Street. The Board panel consisted of its regular members Robyn S. Maguire, Acting Chair, and Joseph M. Fisher, and associate member Mario Romania Jr. The Applicant appeared to present the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested relief from the front yard setback requirement, 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 12,579 SF located at the corner of Hancock Road and Patriots Way. The lot is improved by a nonconforming single family dwelling (ca. 1962), which is located at an angle in relation to both front property lines. The proposed plan calls for construction of a 2-car garage on the southerly façade that would result in a 27.4’ front yard setback where 35’ is required. Due to the angled position of the existing dwelling, the total incursion would be just 72 SF.
During the hearing, the Board received a copy of a plan on file with the Board of Health, which depicts the location of the onsite wastewater disposal system. Members noted that the system limits that portion of the property to the immediate rear of the existing dwelling.
Based upon the information submitted and received at the hearing, and the deliberations and discussions of members during the meeting, the Board has determined that:
1. Circumstances related to soil, shape, or topography especially affect the land or structures in question.
The rear of the property is limited by the onsite wastewater disposal system. This circumstance, in combination with the irregular position of the nonconforming dwelling upon the corner lot, does not generally affect the neighborhood.
2. The literal enforcement of the By-Laws would involve substantial hardship financial or otherwise.
There are physical and regulatory barriers to by-right location of a functional garage on the Property. Relief would allow the Applicant to improve the Property in a manner consistent with others in the neighborhood. A grant of a Variance in this instance will allow for a reasonable use that is consistent with a single family use in the Residence B Zoning District.
3. A Variance may be granted without substantial detriment to the public good.
The proposed garage will enhance the appearance and utility of the dwelling in a manner consistent with others in the area. There will be no adverse effects on the neighborhood and there will be no harm to the public good resulting from the structure.
4. A Variance may be granted without nullifying or substantially derogating from the intent or purposes of the By-Law.
The requested relief is modest in nature, resulting in an approximate 72 SF incursion into the front yard setback from Hancock Road. 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 Variance from § IV-A of the By-Law and such other relief as necessary to construct an attached two-car garage resulting in a 27.4’ front yard setback from Hancock Road where 35’ is required at 1 Patriots Way in Residence District B, 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. The resulting front yard setback measured to Hancock Road shall be no less than 27.4’.
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
December 12, 2017