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Board of Appeals



Owner/Applicant: David & Louise Oberhauser
26 Governor Long Road
Hingham, MA 02043

Premises: 26 Governor Long Road, Hingham, MA

Deed Reference: Plymouth County Registry of Deeds Book 36152 Page 304

Plan References: Plan entitled, “Asbuilt Plan,” prepared by Perkins Engineering, Inc., 160 Old Derby Street, Hingham, MA, dated September 14, 2017


This matter came before the Board of Appeals (the “Board”) on the application of David and Louise Oberhauser (collectively, the “Applicant”) for a Minor Modification of a Variance from § IV-A of the Zoning By-Law (the “By-Law”), issued by the Board on August 3, 2016, to permit a deck/storage area resulting in a 11.8’ side yard and 22.5’ front yard setback where previously 12.1’ and 22.4’ setback were respectively allowed at 26 Governor Long Road in Residence District A.

A public hearing was duly noticed and held on November 14, 2017, at the Town Hall, 210 Central Street. The Board of Appeals panel consisted of regular members Robyn S. Maguire, Chair, and Joseph M. Fisher, and associate member Mario Romania, Jr. The Applicant and the project architect, Alan Kearney, appeared to present the request. At the conclusion of the hearing, the Board voted unanimously to grant the requested Minor Modification.

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.


The subject property consists of approximately 10,723 SF located on the southerly side of Governor Long Road. The site was previously improved by a single-family dwelling (ca. 1940), which includes a front porch and deck.

The originally proposed plan called for extension of a deck within an area contained by an existing retaining wall to be located over a new storage area. As proposed and approved, the construction would result in a 12.1' side yard setback and a 22.4' front yard setback. The contractor sought and attained a building permit based on the approved plans; however, the as-built submitted at project completion showed a modest increase in the resulting side yard setback to 11.8’. As a result, the structure is approximately 3.6” closer to the side property line than the Board previously approved. Additionally, the resulting deck/storage area is also 1.2” further from the front property line than previously approved. The application indicates that the additional relief required based on these discrepancies is relatively modest at less than 3 SF.

The Board received with the application photographs of the new construction demonstrating that the contractor extended the deck by building onto, as opposed to on top of, the existing retaining wall foundation. Members agreed that the resulting additional incursion into the side yard setback was relatively minor in nature.


Based upon the information submitted and received at the hearing, and deliberations and discussions of the Board during the meeting, the Board has determined that the minor modification depicted on the submitted as-built plan does not materially affect the findings made in connection with its Variance Decision, dated August 3, 2016.

Upon a motion made by Joseph M. Fisher and seconded by Mario Romania, Jr., the Board voted unanimously to GRANT the requested Minor Modification to permit a deck/storage area resulting in a 11.8’ side yard and 22.5’ front yard setback where previously 12.1’ and 22.4’ setback were respectively allowed at 26 Governor Long Road in Residence District A.

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 Town of Hingham
Board of Appeals,

Robyn S. Maguire
January 9, 2018