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ZBA Decision 98SP84 - Crosby
TOWN OF HANSON
Hanson, Massachusetts

HANSON ZONING BOARD OF APPEALS

Hearing Findings & Decision

APPLICANT:      Kenneth Crosby

ADDRESS:                308 Maquan Street, Hanson, MA 02341

CASE #:         98SP84

HEARING DATE:   September 24, 1998

TIME:           9:00 p.m.

BOARD MEMBERS:                                            VOTE OF BOARD:

Chairman:               Lila Coyle                      APPROVE (xx)  REJECT  (   )

Member:         Edward Casey            APPROVE (  )  REJECT  ( xx)

Member:         William Baldwin         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 70, Lot 37
                             STREET:   Maquan Street

You are hereby notified that after careful consideration of your application
dated        September 3, 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 # 98SP854                             Crosby                                         Page 2

REPRESENTATIONS TO BOARD:
                
                1.  The September 24, 1998 hearing was continued based on a confidential                memo from Treasurer/Collector Carole McCormack.
                
                2.  The October 8, 1998 hearing was continued when one of the Board             members was unable to attend the hearing at the last minute.
                
                3.  At the October 15, 1998 hearing discussion centered around the cleanup              of the applicant’s property and the proximity of the proposed garage to lot             lines and to the water line.            
                
                4.  Applicant’s property consists of 18,000 square feet of waterfront land in           Residence A.            
                
                5.  It is currently pre-existing, non-conforming in nature.

                6.  Plans call for a garage 20 feet from the front lot line.

                7.  Applicant’s house is currently 20 feet from the front lot line.

                8.  Applicant stated that problems on site have been due to financial           constraints which have recently been resolved.

                9.  Applicant stated that a garage is necessary for storage of some of items            which currently are stored out in the yard.

                10.  Applicant denied the accusation that he was running a business out of              this property.

                11.  Applicant has been working with Building Inspector to clean up             property.

                12.  It was noted that, according to Building Inspector, there is still cleanup                 which remains to be done.

                13.  Hearing was again continued to give applicant more time in which to                clean up property.

                14.  At the November 12, 1998 hearing, the Building Inspector noted that                applicant had completed the cleanup to his satisfaction.


        Case # 98SP854                                Crosby                                            Page 3  

                15.  Applicant noted that Conservation Commission has issued its Order          of Conditions which was subject to moving everything 25 feet closer to the              road.

                16.  The board questioned the fact that only 20 feet exists.

                17.  Applicant reviewed proposed plans with Board indicating location of                garage, gazebo, and showing renderings of renovations to be done to             dwelling.

FINDINGS:

                1.  Building Inspector stated that he had no problem with proposed                      changes to property and that, due to the fact other houses in the area have             garages and/or sheds, it would not look out of place.

                2.  The Board felt only a Special Permit was necessary; applicant asked to              have his Variance withdrawn without prejudice.

                3.  One Board member asked if applicant would be willing to withdraw his                request for a garage.

                4.  Applicant indicated he would not.
        
        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:

                1.  Withdrawal of Variance without prejudice granted.
                2.  Approval of Special Permit denied 2/1/0.
        Case # 98SP84                              Crosby                                         Page 4


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                                                 William Baldwin, Member



____________________________
Edward Casey, Vice Chairman