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ZBA Decision 98NV101 - Skarbinski
TOWN OF HANSON
Hanson, Massachusetts

HANSON ZONING BOARD OF APPEALS

Hearing Findings & Decision

APPLICANT:      John R. Skarbinski

ADDRESS:                38 Ocean Avenue, Hanson, MA 02341

CASE #:         98NV101

HEARING DATE:   December 17, 1998

TIME:           7:45 p.m.

BOARD MEMBERS:                                            VOTE OF BOARD:

Chairman:               Lila Coyle                      APPROVE (xx)  REJECT  (   )

Member:         Edward Casey            APPROVE (xx)  REJECT  (   )

Member:         Gaytha Wallace          APPROVE (xx)  REJECT  (   )

SUBJECT:         Application for    Special Permit
                           from the terms of a section of the By-Laws of the
                            Town of Hanson, Section # IV.A.

LOCATION:     Hanson Assessors Map 2, Lot 1511
                             STREET:   Ocean Avenue

You are hereby notified that after careful consideration of your application
dated        November 25, 1998     and after a Public Hearing as required by Chapter 40A, M.G.L., the Appeal Board voted:

(    )   To deny the application.

(xx)   To approve the application and    Special Permit
         is hereby approved subject to conditions hereto annexed.

FILING DATE OF DECISION:    January 11, 1999    


        Case # 98NV101                          Skarbinski                                         Page 2

REPRESENTATIONS TO BOARD:
                
                1.  The applicant requested a special permit and/or variance to allow the               expansion and alteration of his pre-existing, non-conforming home at 38                 Ocean Avenue.

                2.  The existing house, which was built around 1910, is located on a 16,900             square foot lot in a Residence A District.              
                
                3.  The petitioner’s representative, Alan Dias, submitted a new plan to the             Board at the public hearing with the garage in a different location.  The               change in plans was made following a determination by the Board of              Health that the garage had to be moved because it was over a leaching           area.
                
                4.  Dias told the Board that there was no plan to upgrade Depot Street as               the petitioner will be using the current access.

                5.  Dias told the Board that the Cape Cod style house proposed will be no               higher than the existing structure.
                
                6.  The Board determined that the proposed house would not be                   significantly more intrusive on the neighborhood.
                
                7.  The applicant withdrew his request for a variance..
                
        .  With regard to the Special Permit the Board took into consideration each of the            following:

                a)  Social, economic, or community needs which are served by the                        proposal;

                b)  Traffic flow and safety;

                c)  Adequacy of utilities and other public services;

                d)  Neighborhood character and social structures;

                e)  Impacts of the natural environment;

                f)  Potential fiscal impact.

        
        Case # 98NV101                          Skarbinski                                         Page 3

DECISION:

        The Application for a Special Permit is granted, subject to the following conditions:

                1.  Applicant shall obtain all necessary permits from all other Boards in the                Town of Hanson;

                2.  The project shall be constructed in conformity with the plan filed with                  this board with the petition; and

                3.  This decision must be recorded with the Plymouth Registry of Deeds               within one year from the filing of this decision with the Clerk of the                  Town of Hanson.


ANY PERSON AGGRIEVED BY THIS DECISION MAY APPEAL TO THE SUPERIOR COURT DEPARMENT FOR PLYMOUTH COUNTY, BY BRINGING ACTION WITHIN TWENTY (20) DAYS AFTER DECISION HAS BEEN FILED IN THE OFFICE OF THE TOWN CLERK.


Dated: January 7, 1999



____________________________                       _____________________________
Lila Coyle, Chairman                                                 Edward Casey, Member



____________________________
Gaytha Wallace, Alternate Member