File No. 06-04/Cashin/533 Grove St./SP Page 1 of 1
File No. 06-04
A PUBLIC HEARING was held on February 1, 2006, by the Norwell Zoning Board of Appeals, under Massachusetts General Laws, Chapter 40A, Sections 6 and 9, at the Norwell Town Offices, 345 Main Street, Norwell, MA, on the application of:
ROBERT L. CASHIN, TRUSTEE
Cashin Family Property Trust
533 Grove Street
Norwell, MA 02061
For a Special Permit under Sections 1400, 1420, 1640, 1642, of the NORWELL ZONING BYLAWS. The existing lot is non-conforming (with only 16.79 feet of front yard setback) because it does not meet the front yard setback requirement of 50 feet under Section 2441 for Residential District A. The house was built in 1814. The property (the Property) is located at 533 Grove Street, is shown on Assessors Map 7D, Block 3, Lot 23, and is described in Registry of Deeds Certificates of Title numbered 80836, 80892 and 108384.
The Public Hearing for this application was duly noticed by publication in The Norwell Mariner and posted at the Norwell Town Hall, as required by law.
Mr. Cashin and his lawyer, Richard A. Henderson, Esquire, were in attendance at the hearing to present the Application. No one present spoke in opposition to the proposed project.
The Board received the following information into its files:
1. a copy of the legal notice.
2. the abutters list.
3. the Application, completed and signed by the applicant, date stamped by the Board of Appeals on January 9, 2005 and by the Town Clerk on January 23 2006.
4. the “Plan of Land being a subdivision of lots 3 & 4 as shown on plan 39051-B. Grove Street Norwell, MA Prepared for: E. Dana Cashin,” dated: 12/06/06, by Cavanaro Consulting, copies of which were filed with the Application, aforesaid, hereinafter referred to as the Plan.
` The Applicant proposes to change and readjust the side and rear lot line, as shown on the Plan, and in so doing create three new lots (also shown on the Plan): Lot 7, containing 43,597 square feet; Lot 6 containing 85,670 square feet; and Lot 5, containing 160,418 square feet. Lot 5 will not have frontage on a street or public way (or way that satisfies the requirements of frontage under Zoning Laws and the Zoning By-Law). The Applicant proposes to label Lot 5 as an unbuildable lot, because of the lack of frontage under zoning, and because it is wetland, and also proposes to either convey Lot 5 to the Town of Norwell for conservation purposes; grant said town a conservation easement, in a form acceptable to the Norwell Conservation Commission or take other action which is
acceptable to this Board.
This Board has received no information concerning the proposal from the town
of Norwell or its Conservation Commission.
DECISION OF THE BOARD:
Upon a motion duly made and seconded, the Board VOTED unanimously to grant a Special Permit for the division of the land, as shown on the Plan, subject to the
following SPECIAL CONDITIONS:
1. the Applicant shall, prior to the expiration of the appeal period provided for this Decision in G.L.c.40A, and referenced below, submit to this Board a deed or a Conservation Restriction for Lot 5, as aforesaid, in a form acceptable to and executed by Applicant, the Norwell Conservation and the Town of Norwell, to be recorded or registered with Plymouth County Registry of Deeds together with a certified copy of this Decision. THIS DECISION SHALL BE NULL AND VOID IF THIS SPECIAL CONDITION IS NOT OBSERVED AND THE APPROPRIATE DOCUMENT, AFORESAID, IS NOT RECORDED OR REGISTERED TOGETHER WITH THIS DECISION.
2. The applicant shall submit plans to the Building Inspector prior to initiating any construction on Lot 6 or 7.
3. The applicant is further required to seek Board of Health approval prior to issuance of any building permit for Lot 6 or 7.
4. The Plan shall be recorded with this Decision and shall contain, on the copy
to be recorded, a notation, in bold type, that Lot 5 can not be used as the site for any building and is not a buildable lot.
CONDITIONS APPLYING TO ALL DECISIONS:
1. RECORDING OF THE DECISION: After receiving certification from the Town Clerk that no appeal has been taken within twenty days, or if appealed than dismissed or denied, a copy of the Board’s Decision must be filed with either the Registrar of the Plymouth County Registry of Deeds to be recorded and indexed in the grantor index under the name of the owner of record in the case of unregistered land, or with the Recorder of Land Court to be registered and noted on the owner’s certificate of title in the case of registered land.
2. RECORDING RECEIPT: A copy of the recording fee receipt must be returned to the Board of Appeals. NOTE: No building permit shall be issued without such evidence.
3. EFFECTIVE DATE OF APPROVAL: The Special Permit granted by this Decision shall take effect only at such time as a copy of this Decision, certified by the Office of the Town Clerk of the Town of Norwell, is recorded with the Registrar of Deed or Recorder of the Land Court.
4. EXPIRATION: The applicant must exercise any Special Permit granted by the Board of Appeals within two (2) years from the date of decision or it shall lapse.
________________________________
Lois S. Barbour
________________________________
Ralph J. Rivkind
________________________________
David Lee Turner
Date Filed with Office of the Town Clerk 2/15/06
NOTICE OF APPELLATE RIGHTS: Any decision of the Board of Appeals may be appealed to Superior Court within twenty (20) days after filing of the written decision with the Town Clerk. Any construction or pre-construction activity is undertaken at the applicant’s risk during the appeal period.
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