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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