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Board of Appeals



Owner/Applicant: Kelly D. Carroll
20 Garrison Road
Hingham, MA 02043

Premises: 24 Garrison Road, Hingham, MA 02043

Deed Reference: Plymouth County Registry of Deeds Book 43901, Page 298

Plan References: Plan entitled, "Proposed Lot Development Site Plan," prepared by SITEC Environmental, 769 Plain Street, Marshfield, MA, dated August 23, 2016 and an architectural plan set, including floor and elevation plans, entitled, "Carroll Residence," prepared by Tiryaki Architectural Design, LLC, 21 South Main Street, Cohasset, MA, dated June 28, 2016, Drawing No. A1.1, A2.1, and A2.2


This matter came before the Board of Appeals (the “Board”) on the application of Kelly D. Carroll (the “Applicant”) for a Variance from § IV-A of the Zoning By-Law Law (the “By-Law”) and such other relief as necessary to relocate and reconstruct an existing nonconforming garage resulting in a 3.1' side yard setback where 15’ is required at 24 Garrison Road in Residence District A.

A public hearing was duly noticed and held on October 19, 2016 at the 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 was represented by Attorney Jeffrey A. Tocchio, Esq. At the conclusion of the hearing, the Board voted unanimously to grant the requested relief from the side yard setback requirement under § IV-A of the By-Law subject to the 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.


The subject property consists of approximately 10,600 SF of land located on the south side of Garrison Road. The lot is narrow in width, particularly along its frontage (63 linear feet). The rear of the property widens to 83 linear feet at the rear property line. The lot depth is greater than its width at approximately 140-150'. The property was previously improved with a noncon-forming single family dwelling (ca. 1935) and detached garage (ca. 1960). This former dwelling is presently being reconstructed under exemptions contained in the so-called Hatfield Amend-ment, or Section III-I, 2 of the Zoning By-Law. The onsite wastewater disposal system serving the residence is located in the rear center of the property.

The proposed plan would similarly replace the existing detached garage, which is located approximately 2.4' from the easterly side property line, with a new (15'x25') single car garage. The proposed plan would improve upon the existing nonconformity slightly by locating the new garage 3.1' from the property line. The project would also improve upon existing conditions in terms of the present structure's safety and appearance. The application includes photographs that depict the current garage's advanced state of disrepair, including a partially collapsed roof.


Based upon the information submitted and received at the hearing, the Board has determined that:

1. There are circumstances relating to soil conditions, shape or topography especially affecting the land but not affecting generally the zoning district. The Property was previously improved with a nonconforming, undersized garage. The lot shape is narrow with 64 linear feet of frontage and 83 linear feet in width at the rear lot line. An existing septic tank and leaching field occupy the rear center of the lot. 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. The narrow shape of the lot and location of the onsite wastewater disposal system present significant hardship with locating a new garage elsewhere on the property. Literal enforcement of the By-Law would limit the Applicant from improving existing undersized and deteriorated garage. 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 A Zoning District.

3. A variance may be granted without substantial detriment to the public good. The proposed project will improve the safety, utility, and appearance of the detached accessory structure in a manner consistent with others in the neighborhood. There will be no adverse impacts on the neighborhood and no harm to the public good resulting from the proposed improvements.

4. A variance may be granted without nullifying or substantially derogating from the intent or purposes of the Bylaw. The proposed project will slightly improve upon the nonconforming setback associated with the existing garage. The granting of a dimensional variance in this instance is consistent with the intent of the By-Law.


Upon a motion made by Joseph M. Fisher and seconded by Robyn S. Maguire, the Board voted unanimously to GRANT the requested Variance from § IV-A of the By-Law to relocate and reconstruct an existing nonconforming garage resulting in a 3.1' side yard setback where 15’ is required at 24 Garrison Road in Residence District A, subject to the following conditions:
1. The rights authorized by this Variance shall expire one year from the date this Decision is filed with the Town Clerk, unless exercised or extended in accordance with the terms of M.G.L. c. 40A, § 10.
2. The Applicant shall construct the Project in a manner consistent with the approved plans and the representations made at the hearings before the Board.
3. No living space shall be located within the garage.

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
November 8, 2015