Commonwealth of Massachusetts
DECISION
OF THE
NORWELL BOARD OF APPEALS
ZBA File No. 06-37
A Public Hearing was held on November 15, 2006, by the Board of Appeals of the Town of Norwell, at the Norwell Town Offices, 345 Main Street, Norwell, Massachusetts, upon the Application (the Application) of:
Peter Houde
16 Garden Path Wayland, Massachusetts
for a Special Permit and a Section 6 finding under Sections 1400, 1420, 1640, 1642 and 2421 of the Norwell Zoning By-Laws, to allow for a proposed uncovered deck, measuring 16 feet by 16 feet, (the Project) to the presently existing single family dwelling known and numbered as 51 Duncan Drive (the Property), shown on Assessor’s Map 12D, Block 27, as Lot 77, and described in the deed recorded with Plymouth Registry of Deeds in Book 28628, Page 120. The single family dwelling on the Property was constructed about 1940. The Property, presently located in Residential District B Zoning District, is owned by Peter L. Houde and Laurien M. Houde.
The proposed deck is shown on a plan (the Deck Plan) with the Application and filed with the Town Clerk on October 30, 2006.
The Norwell Board of Health has notified the Building Inspector that the proposed deck is in compliance with its Rules & Regulations. The Norwell Conservation Commission has issued an “Order of Conditions” for the Project.
Mr. & Mrs. Houde presented the Application and described the Project. The Board received into evidence a completed Application, the Deck Plan, a copy of the Notice from the Board of Health to the Building Inspector, noted above, and a copy of the “Order of Conditions” issued by the Conservation Commission. There were no objections to the Project.
After discussion and deliberation, the Board found that the nonconformity is due to the fact that the Applicant’s Parcel is less than one acre. Section 1642 states that “a nonconforming single or two-family dwelling may be altered or extended provided that doing so does not increase the nonconforming nature of said structure.” The Board then found that the proposed addition of a deck, in accordance with the Deck Plan, would not increase the nonconforming nature of the single family dwelling and would not be substantially more detrimental to the neighborhood than the existing nonconforming use. Accordingly, the Board unanimously approved the grant of the Special Permit in accordance with the Application and the Deck Plan.
DECISION
Based upon the foregoing, the Board grants the requested Special Permit upon the following conditions:
a. the implementation of this Decision shall be in accordance
with the Deck Plan, with any substantial change in the details shown thereon to be subject to review and approval by this Board.
b. the Premises shall be limited in its use to a single family dwelling and those accessory uses authorized by the Zoning By-Law.
c. the requirements stated in the Norwell Conservation Commission Order of Conditions, dated August 14, 2006, filed with the Norwell Town Clerk on October 30, 2006, which is incorporated herein by reference, shall be observed and enforced as a requirement of this Special Permit.
d. The footprint of the Premises shall not be increased and shall remain the same except for the addition of the deck, shown on the Deck Plan.
The following GENERAL CONDITIONS shall also apply to this Special Permit:
1. RECORDING OF THE DECISION: After receiving certification from the Town Clerk that no appeal has been taken within twenty days, or if appealed than dismissed or denied, a copy of the Board’s Decision must be filed with either the Registrar of the Plymouth County Registry of Deeds to be recorded and indexed in the grantor index under the name of the owner of record in the case of unregistered land, or with the Recorder of Land Court to be registered and noted on the owner’s certificate of title in the case of registered land.
2. RECORDING RECEIPT: A copy of the recording fee receipt must be returned to the Board of Appeals. NOTE: No building permit shall be issued without such evidence.
3. EFFECTIVE DATE OF APPROVAL: The Special Permit granted by this Decision shall take effect only at such time as a copy of this Decision, certified by the Office of the Town Clerk of the Town of Norwell, is recorded with the Registrar of Deed or Recorder of the Land Court.
4. EXPIRATION: The applicant must exercise any Special Permit granted by the Board of Appeals within two (2) years from the date of decision or it shall lapse.
David Lee Turner
Ralph J. Rivkind
Michael E. Kiernan
Date Filed with Office of the Town Clerk 11/22/06
NOTICE OF APPELLATE RIGHTS: Any decision of the Board of Appeals may be appealed to Superior Court within twenty (20) days after filing of the written decision with the Town Clerk. Any construction or pre-construction activity is undertaken at the applicant’s risk during the appeal period.
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