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ZBA Decision 98SP85 - Devine
TOWN OF HANSON
Hanson, Massachusetts

HANSON ZONING BOARD OF APPEALS

Hearing Findings & Decision

APPLICANT:      Bonnie & David Devine

ADDRESS:                48 Beckett Street, Hanson, MA 02341

CASE #:         98SP85

HEARING DATE:   October 15, 1998

TIME:           7:00 p.m.

BOARD MEMBERS:                                            VOTE OF BOARD:

Chairman:               Lila Coyle                      APPROVE (xx)  REJECT  (   )

Member:         William Baldwin         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 88, Lot 48
                             STREET:   Beckett Street

You are hereby notified that after careful consideration of your application
dated        August 31, 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:    November 16, 1998   


Case # 98SP85                              Devine                                         Page 2

REPRESENTATIONS TO BOARD:
                
                1.  The applicants requested a special permit and/or variance to construct              an above ground swimming pool on their pre-existing, non-conforming lot.                
                2.  The existing house is located on a 12,260 square foot lot in a Residence            A District. The lot has 142.66 feet of frontage.
                
                3.  According to a plot plan prepared by John W. Delano & Assoc., Inc,          dated Sept. 17, 1998, the pool would be located 24.6 feet from the                      existing house, 37.7 feet from the side lot line, 45.4 feet from the rear lot           line and 39.8 feet from the front lot line.             
                
                4.  The existing house is closer to the street than the proposed 25 foot by             15 foot pool.           
                
                5.  The applicants withdrew their application for a variance..
                
        2.  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;

        
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

                
        Case # 98SP85                              Devine                                         Page 3


                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: November 12, 1998



____________________________                       _____________________________
Lila Coyle, Chairman                                                 William Baldwin, Member



____________________________
Gaytha Wallace, Alternate Member