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ZBA Decision 99JA05 - McDevitt2
TOWN OF HANSON
Hanson, Massachusetts

HANSON ZONING BOARD OF APPEALS

Hearing Findings & Decision

APPLICANT:      John McDevitt

ADDRESS:                92 South Street, Hanson, MA 02341

CASE #:         99JA05

HEARING DATE:   January 14, 1999

TIME:           7:15 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 # VI.A.2.d

LOCATION:     Hanson Assessors Map 24, Lot 2 of Lot 30F
                             STREET:   South Street

You are hereby notified that after careful consideration of your application
dated        December 21, 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:    February 1, 1999    


        Case #:  99JA05                          McDevitt                                         Page 2
        
        REPRESENTATIONS TO BOARD:
                
                1.  The applicant requested a special permit to allow the construction of a             single family dwelling on a parcel that is partially located in the                     Agricultural-Recreation District.

.               2.  The 60,354 square foot hammerhead lot, which is located at 92 South                 Street, was subdivided through an Approval Not Required Plan signed by          the Planning Board on December 12, 1998.

                3.  The three-bedroom, split-level house, when completed, will be 116 feet              off the road.  The house will be located entirely in the Residence A portion            of the lot.

                4.  The public hearing, which was originally scheduled for January 14, 1999             at 7:15 p.m., was rescheduled to January 21, 1999 at 7:30 p.m. as Town          Hall was closed by the Selectmen’s office on January 14 at 3:00 p.m. due                to a snowstorm.  All abutters were notified of the change of date and a                 notice was published in The Enterprise.

                5.  The Planning Board indicated in a January 7, 1999 memorandum that it                was of the opinion that the lot does not conform to the Hanson Zoning           Bylaws and did not recommend that the permit be granted.

                6.  A memorandum dated January 20, 1999 was received from the                   Treasurer/Collector’s office indicating that the current owner and                      McDevitt have entered into a payment agreement for real estate taxes.

                7.  The public hearing on Lot 2 of Lot 30F and a public hearing scheduled               for 7:00 p.m. on a request by McDevitt for a special permit for                         construction of a single family dwelling on Lot 1 of Lot 30F were held          jointly due to the similarity of content.

                8.  Abutters in attendance expressed concerns with drainage and traffic in              the area but were not opposed to the construction of two new dwellings on               the subdivided lot.

        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;

        Case #:  99JA05                          McDevitt                                         Page 3


                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                  this board;
                
                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 28, 1998



____________________________                       _____________________________
Lila Coyle, Chairman                                                 Edward Casey, Vice Chair



____________________________
Gaytha Wallace, Alternate Member