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TOWN OF HINGHAM
Board of Appeals

NOTICE OF DECISION
VARIANCE

IN THE MATTER OF:

Owners/Applicant: Douglas Karo
21 Kimball Beach Road
Hingham, MA 02043

Property: 21 Kimball Beach Road, Hingham, MA 02043

Title Reference: Plymouth County Registry of Deeds, Book 46159, Page 21

Plan References: Site plan entitled, “Plan of Land, 21 Kimball Beach Road, Hingham, MA,” prepared by Hoyt Land Surveying, 1287 Washington Street, Weymouth, MA, dated May 14, 2018 (1 Sheet)

SUMMARY OF PROCEEDINGS:

This matter came before the Zoning Board of Appeals on the application of Douglas Karo (the "Applicant") for a Variance from § IV-A of the Zoning By-Law (the “By-Law”) and such other relief as necessary to maintain two HVAC units located 5.2' from the southeasterly side property line where a 15' side yard setback is required at 21 Kimball Beach Road in Residence District A.

A public hearing was duly noticed and held on July 24, 2018 at Hingham Town Hall, 210 Central Street. The Board panel consisted of its regular members Robyn S. Maguire, Chair, and Joseph M. Fisher, and associate member Mario Romania, Jr. The Applicant appeared to present the application to the Board. At the conclusion of the hearing, the Board voted unanimously to grant the requested relief subject to conditions contained herein.

Throughout its deliberations, the Board has been mindful of the statements of the Applicant, their Agent, and the comments of the general public, all as made or received at the public hearing.

BACKGROUND and DISCUSSION

The subject property consists of 9,296 SF of land. The lot has a narrow width with only 60’ of frontage on Kimball Beach Road. The lot was previously improved by a single-family dwelling, which was recently reconstructed. A pool and shed occupy the rear of the property.

The Applicant seeks relief to maintain two A/C units within the required side yard setback. The application indicates that the former dwelling occupied the area where the AC units were installed. The supporting statement also indicates that shrubs will be planted in order to screen the units from the roadway. During the hearing, the Board confirmed that a fence runs the length of the side property line, noting that this location mitigates some potential auditory impacts associated with the units. The Board then discussed the proposed additional screening with the Applicant.

With the application, the Board received letters of support from two abutters.

FINDINGS

Based upon the information submitted and received at the hearing, and the deliberations and discussions of the Board members during the meeting, the Board has determined that:
1. Circumstances related to soil, shape, or topography especially affect the land or structure in question: The subject property is limited by its narrow shape, which results from the minimal 60’-width. This limitation, coupled with the placement of the existing structures on the lot, is a circumstance that does not generally affect the zoning district.

2. Owning to these circumstances, literal enforcement of the By-Law would involve substantial hardship: These circumstances result in practical barriers to any by-right location of the proposed mechanical equipment.

3. Relief may be granted without substantial detriment to the public good: Visual and auditory impacts associated with the proposed mechanical equipment will be substantially mitigated through maintenance of an existing fence and installation of shrubs.

4. Relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law: The granting of a dimensional variance in this instance is consistent with the purposes of the By-Law in that the proposed mechanical equipment supports an allowed residential use of the property.

DECISION

Upon a motion made by Joseph M. Fisher and seconded by Mario Romania, Jr., the Board voted unanimously to GRANT the requested Variance from § IV-A of the Zoning By-Law and such other relief as necessary to maintain two HVAC units located 5.2' from the southeasterly side property line where a 15' side yard setback is required at 21 Kimball Beach Road in Residence District A, subject to the following condition:

1. The work shall be completed in accordance with the approved plans and representations made during the public hearing, including the representation that shrubs, with a height greater than the height of the units, will be installed and maintained on an ongoing basis in order to provide screening.

The zoning relief granted herein 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 Zoning Board of Appeals,


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Robyn S. Maguire, Chair
August 15, 2018