TOWN CLERK TOWN OF DUXBURY, MASSACHUSETTS 10 OCT -7 AM BOARD OF APPEALS 10 DUXBURY, MASS. Decision on Application for Special Permit Case 10-12 Applicant: Martha L. Allen, Estate of Marjorie C. MeManus Project: 577 Washington Street Decision: Approved “This is the decision of the Duxbury Zoning Board of Appeals (the “Board”) on the application of Martha L. Allen, Estate of Marjorie C. McManus (the “Applicant’), for a special permit to construct a 1f by 14’ screened porch on an existing deck. The Allen property is located at 577 Washington Street and shown on the Duxbury Assessor's Map as Parcel 180-162-000. The existing deck does not meet the ‘minimum side setback requirement of the Duxbury Zoning Bylaw (the “Bylaw”). The proposed project requires a Special Permit under GL. c. 4DA, s. 6 and Section 401.2 of the Bylaw. Background By letter from the Building Inspector on June 30, 2010, the Applicant was referred to the Board for fa special permit to construct a 14’ by 14’ screened porch over a non-conforming deck. The deck fencroaches on the 15-ft. side setback requirement in the Residential Compatibility (RC) District. The “Applicant submitted a special permit application and an accompanying plan on July 16, 2010. The Board received the following comments from other Town Boards and staff: 1. In a memorandum dated August 11, 2010, Joseph Grady, Conservation Administrator, reported that since there are no wetland resources within one hundred feet of the project, the Applicant's proposal is not subject to the Massachusetts Wetland Protection Act or the Duxbury Wetlands Bylaw, 2. Ina memorandum dated August 2, 2010, the Design Review Board said it had no objections to the project and no recommendations. 3. Ina memorandum dated August 24, 2010, the Planning Board said it had voted 4-2 to recommend denial of the special permit because it perpetuates and increases the existing nonconformity. The Planning Board further recommended that the Applicant should provide site coverage calculations and the existing shed on the property appears to straddle the lot line. 4, In a memorandum dated July 19, 2010, Tracy Mayo, Health Agent, said that 2 Title V inspection would be required before the Board of Health would sign off on a building permit application. In addition the Board received writer’ comment from the following abutters: Dawn Siegel and Jotfey Starick of 20 Plumfeld Lane, and Barbara Ridpath, 569 Washington Street. n both eases, the ME pean nn bjecon tothe appleant’s proposal QA true copy, Atlail: LSet, we Tear litheSpecisl Permit, Martha L. Allen, Estate of Marjorie C. McManus 2 Case 10-12 Decision sthe Board held a public hearing on September 16, 2010, and granted the special permit by 2 unanimous vote (5-0) ‘Under § 401.2(4) of the Bylaw, pre-existing, non-conforming single-family dwellings may be altered, econstructed, extended, oF otherwise structurally changed, subject to Eon) requirements, In inde to grant a special permit forthe proposed screened porchy which ‘will not conform to the present Bylaw, the Board must find that (1 there is no substantia) snereas! the non-conforming nature of the tuisting structure, and @) the new structure will not be substantially more detrimental to the rreighborhood than the existing structure, The Building Mnspector ‘advised the Board that although the ‘pecial permit application omitted a building coverage calculation * 08 clear from the site plan that the proposed project would not violate the Bylaw. Due to the modest nate of the Applicant's proposal and sre dadk of cbjection from abutters, and Board determined that the project ‘would not cause a substantial ae arcs in the non-conforming nature of the existing deck and would not bbe substantially more detrimental to the neighborhood than existing conditions on the lo Conclusion [Any departure from the representations made by the APplicarY «will be cause for review of this decision ifthe Board finds, after notice and hearing, that such depattir © significant. This oa anion herein may be amended, revised, oF revoked by the Board, acting on is motion or on the oettson of the Planning Board, Director of Inspectional Services, or of any interested person, after notice tearing, The Board hereby certifies that copies of his decision and all plans referred to therein have been of shall be filed forthwith in the office of the Town Clerk. For this decision to become effective, a copy of said decision and notes thereof must be recorded by the applicant atthe Plymouth County Registry of Deeds and ment ‘bear the certification of reTown Clerk that twenty (20) days have elapsed and no appeal has been filed, or that if such appeal rae een fled, that it has been dismissed or denied, A certified copy of said recording must thereafter be filed with the Board of Appeals ‘Any person aggrieved by this decision of the Board of Appeals, Ty file an appeal pursuant to the provisions of M.G.L. «404, § 17. Such ‘appeal must be filed within twenty @20) days of the filing of this decision in the office of the Town Clerk, If no appe taken within 20 days, the Clerk. will so certify, By the Zoning Board of Appeals of the Town of Duxbury, October 4, 2010 Stet h- bench Judith A. Barrett, Chair Pro TemSpecial Permit, Martha L. Allen, Estate of Marjorie C. McManus 3 Case 10-12 Copies to: Applicant Duxbury Design Review Board Duxbury Water Advisory Board Duxbury Conservation Commission Duxbury Board of Selectmen , Planning Board of Duxbury Duxbury Planning Director Board of Appeals Altemates Duxbury Board of Health Danbury Assessors Duxbury inspector of Buildings Duxbury Clipper Danbury Fire Department I Duxbury Police Department “ Duxbury Town Engineer Dantury Packs Deparomet re Duxbury Highway Department Danbury Historia! Commision vy Duxbury Public Library i Duxbury Housing Authority Duxbury Town Clerk Duxbury Town Counsel Planning Board of Kingston Planning Board of Marshfield Planning Board of Pembroke Planning Board of Plymouth October 27, 2010 I hereby certify that the Decision, Case #10-12, of the Duxbury Board of Appeals has been received and recorded at this office and no Notice of Appeal. was received during the twenty days next after such receipt and recording of 4) atiy said Notice. Wancy M. Oa Duxbury Town Clerk October 27, 2010 SEAL