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TOWN OF HINGHAM
BOARD OF APPEALS
Applicant: Peter Bickford
65 Lazelle Street
Hingham, MA 02043
Premises: Hingham High School Fields
17 Union Street
Hingham, MA 02043
SUMMARY OF PROCEEDINGS:
This
matter came before the Board of Appeals on the application of Peter
Bickford, 65 Lazelle Street, for an administrative appeal of the
Building Commissioner's determination, dated August 2, 2013, that work
associated with the High School Fields Project at 17 Union Street is
exempt from the Earth Removal Regulations contained in §V-C of the
Zoning By-Law.
The Zoning Board of Appeals opened the hearing
on October 16, 2013 in the Hingham Town Hall at 210 Central Street. The
Board of Appeals panel consisted of its regular members: Joseph W.
Freeman, Chairman; Joseph Fisher, Clerk; and W. Tod McGrath. The
Applicant was also in attendance.
BACKGROUND AND DISCUSSION:
The
Applicant filed an administrative appeal on August 15, 2013, which was
then supplemented and made complete on August 29, 2013. The Zoning Board
opened the hearing on the application on October 16, 2013.
The
Applicant made a presentation to the Board during the hearing,
enumerating his grievances with respect to the Building Commissioner's
determination that work associated with the high school fields project
was exempt from the Earth Removal Regulations contained in Section V-C
of the Zoning By-Law as follows: 1. He believes that Section V-C of the
Zoning By-Law was violated; 2. He estimates that removal of loam from
the high school fields cost the Town $30,000 to $50,000 in potential
revenue; 3. He feels disappointed in the process.
Board members
discussed the Applicant's standing to file the appeal as an "aggrieved
party". He is not an abutter to the project, and not presumed to have
standing. Moreover, Mr. Bickford's application and presentation to the
Board does not reveal how his private interests had been impacted by the
removal of materials in connection with the High School Fields project.
Board members indicated that the matter of standing must be resolved
before deliberating on the merits of the application. There are two
constraints - state laws and the Town By-Law - and both limit
application to aggrieved parties.
FINDINGS AND DECISION:
For the reasons set forth hereinabove, the Board voted unanimously to DISMISS the application due to lack of standing.
This
Decision shall not become effective until (i) the Town Clerk as
certified on a copy of this decision that twenty (20) days have elapsed
after the decision has been filed in the office of the Town Clerk and no
appeal has been filed or that if such an appeal has been filed, that it
has been dismissed or denied, and that (ii): a copy thereof has been
duly recorded in the Plymouth County Registry of Deeds and indexed in
the grantor index under the name of the owner of record or is recorded
and noted on the owner’s certificate of title.
For the Town of Hingham
Board of Appeals,
_________________________________
Joseph W. Freeman, Chair
December 10, 2013
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