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ZBA Decision 99FE09 - Cadman
TOWN OF HANSON
Hanson, Massachusetts

HANSON ZONING BOARD OF APPEALS

Hearing Findings & Decision

APPLICANT:      Michelle & Wayne Cadman

ADDRESS:                774 Winter Street, Hanson, MA 02341

CASE #:         99FE09

HEARING DATE:   March 4, 1999

TIME:           7:00 p.m.

BOARD MEMBERS:                                            VOTE OF BOARD:

Chairman:               Lila Coyle                      APPROVE (xx)  REJECT  (   )

Member:         Edward Casey            APPROVE (xx)  REJECT  (   )

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 114, Lot 4
                             STREET:   Winter Street

You are hereby notified that after careful consideration of your application
dated        March 10, 1999     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:    March 25, 1999      


        Case # 99FE09                          Cadman                                         Page 2
        

        REPRESENTATIONS TO BOARD:
                
                1.  The applicants requested a special permit to allow the construction of a            two-story addition to their pre-existing, non-conforming house at 774           Winter Street as well as the construction of a detached garage and the          installation of an aboveground swimming pool.
                
                2.  The property is located in a Residence A District with 170 feet of          frontage on Winter Street and 85 feet of frontage on East Washington            Street.  The house was built in 1886.  The property is non-conforming           because there is only 34 feet from the base of the existing house to Winter             Street.  There is also a porch on the front of the house.

                3.  The applicant noted that houses in that section of Winter Street have               similar setbacks.  The new addition will be 53 feet from the front of the               property and will have a full foundation.  The foundation will only be six              feet deep due to the high water table.

                4.  The garage will be accessed from East Washington Street over a gravel               driveway.
                
                5.  The Planning Board offered no comments on the proposal.
                
                6.  A letter from abutter Phoebe Brown in opposition to the proposal, due               to the potential impact on an existing water problem in the area, was read              at the hearing.  Abutters present also expressed concerns with flooded          yards and cellars.

                7.  The public hearing was continued to March 11, 1999 at 8 p.m. to allow               the applicant to return with new plans indicating the relocation of the                 proposed garage at least 50 feet from East Washington Street and the            location of the proposed pool.

                8.  A second letter from abutters Phoebe and Frank Brown objecting to the               proposed construction was read at the continued hearing.

                9.  The revised plan submitted by the applicants complied with all setback              requirements




        Case # 99FE09                          Cadman                                         Page 3
        
        
        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.

        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                  the board on March 11, 1999;

                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.