TOWN OF HANSON
Hanson, Massachusetts
HANSON ZONING BOARD OF APPEALS
Hearing Findings & Decision
APPLICANT: David Hatch dba Stinger’s Restaurant
ADDRESS: 252 Main Street, Hanson, MA
CASE #: 98SP83
HEARING DATE: September 24, 1998
TIME: 8:15 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 SITE PLAN APPROVAL & SPECIAL PERMIT from the terms of a section of the By-Laws of the
Town of Hanson, Section # VII.F. & VI.D.2.a.
LOCATION: Hanson Assessors Map 39 Lot 21
STREET: Main Street
You are hereby notified that after careful consideration of your application
dated September 2, 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 Site Plan Approval and Special Permit
is hereby approved subject to conditions hereto annexed.
FILING DATE OF DECISION: November 12, 1998
Case No. 98SP83 Stinger’s Restaurant Page 2
REPRESENTATIONS TO BOARD:
1. Applicant proposes to relocate street entrance to his existing restaurant, add 48 parking spaces, construct a three-season deck, install a larger free-standing sign, square off and enclose an existing front porch, and add a 20 foot by 36 foot addition to the westerly front corner of the building.
2. Applicant’s site is in the Business Zone.
3. Plans call for a total of 150 parking spaces; only 117 are required.
4. Plans indicate a 20 foot buffer along Main Street and a 16 foot buffer along the easterly side of the property.
5. Applicant requested a 5 x 8 (40 square foot) free-standing sign in front of the property.
6. Parking spaces near the entrance could cause safety problems.
7. The Board was concerned about buffers and parking.
FINDINGS:
1. With regard to the Site Plan:
The Board finds that the proposal provides adequate access to each structure for fire and service equipment and adequate provision for utilities and storm water consistent with the functional requirements of the Planning Board’s Subdivision Rules and Regulations.
The premises is located considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, so as to:
a. minimize the volume of cut and fill, the number of removed trees 6” caliper or larger, the length of removed stone walls, the area of wetland vegetation
displaced, the extent of storm water flow increase from the site, soil erosion, and threat of air and water pollution;
b. maximize pedestrian and vehicular safety both on the site and egressing from it;
c. minimize obstruction of scenic views from publicly accessible locations;
d. minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from the public ways or premises residentially used or zoned;
e. minimize glare from headlights through plantings or other screening;
Case No. SP83 Stinger’s Restaurant Page 3
f. minimize lighting intrusion through use of such devices as cut-off luminaries confining direct rays to the site, with fixture mounting not higher than 20 feet;
g. minimize unreasonable departure from the character and scale of building in the vicinity, as viewed from public ways;
h. minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances.
2. 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 Site Plan Approval and Special Permit is granted, subject to the following conditions:
1. Parking and buffers will be as indicated on revised site plan prepared for the applicant by John Thomas English-Architects, dated October 7, 1998.
2. Variance was withdrawn by applicant.
3. A free-standing sign no larger than 30 square feet will be installed no closer than 20 feet from the street.
4. Parking shall be no closer than 35 feet from the street line. 5. There will be no more than 146 parking spaces.
6. Building signage will remain the same.
7. Exterior lighting will be as per revised plan.
Case No. 98SP83 Stinger’s Restaurant Page 4
8. Applicant shall obtain all necessary permits from all other Boards in the Town of Hanson.
9. 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: November 5, 1998
_________________________ _________________________
Lila Coyle, Chairman William Baldwin, Member
_________________________
Edward Casey, Vice Chairman
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