TOWN OF HANSON
Hanson, Massachusetts
HANSON ZONING BOARD OF APPEALS
Hearing Findings & Decision
APPLICANT: Hanson County Road Associates
ADDRESS: Lot 16, Gray Lane, Alden Way Subdivision
Hanson, MA 02341
CASE #: 98OC90
HEARING DATE: October 29, 1998
TIME: 8:00 p.m.
BOARD MEMBERS: VOTE OF BOARD:
Chairman: Lila Coyle APPROVE ( ) REJECT (xx)
Member: Edward Casey APPROVE ( ) REJECT (xx)
Member: Gaytha Wallace APPROVE ( ) REJECT (xx)
SUBJECT: Application for VARIANCE
from the terms of a section of the By-Laws of the
Town of Hanson, Section # VII.B.
LOCATION: Hanson Assessors Map 83, Lot 3-16
STREET: Gray Lane
You are hereby notified that after careful consideration of your application
dated October 8, 1998 and after a Public Hearing as required by Chapter 40A, M.G.L., the Appeal Board voted:
(xx) To deny the application.
( ) To approve the application.
FILING DATE OF DECISION: December 7, 1998
Case # 98OC90 Hanson County Road Associates Page 2
REPRESENTATIONS TO BOARD:
1. Hearing of October 29, 1998 was continued at request of applicant as abutters were not notified.
2. Continued hearing held November 12, 1998
3. Property is located in Residence AA District and is known as Lot 16, Gray Lane.
4. Lot 16 consists of 116,413 square feet of land.
5. Applicant seeks relief from front yard setback.
6. There were wetlands located to the rear of this lot.
7. The preliminary plan for this lot called for a foundation of 26 x 36 with an attached garage.
8. Initially the proposed foundation was 50 feet from the lot line.
9. A different dwelling, other than the one proposed, was put on Lot 16.
10. The “as built” dated June 30, 1998 indicated a setback of 45.7 feet.
11. This “as built” was stamped “received” by the Building Department on August 17, 1998.
12. Applicant continued constructing dwelling during this time frame. Applicant states house is completed.
13. Applicant was unable to address this time frame issue.
14. Applicant noted that there is 55 feet from back of house to wetland; town only requires 50 feet.
1. With regard to the requested Variance, the Board finds;
a. Applicant created his own hardship by changing the size and shape of the house as well as by continuing construction after error was discovered on “as built.”
Case # 98SP86 Hanson County Road Associates Page 3
DECISION:
The Application for a Variance is denied.
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: December 3, 1998
____________________________ _____________________________
Lila Coyle, Chairman Edward Casey, Vice Chairman
____________________________
Gaytha Wallace, Alternate Member
|