TOWN OF HANSON
Hanson, Massachusetts
HANSON ZONING BOARD OF APPEALS
Hearing Findings & Decision
APPLICANT: Keith MacLeod
ADDRESS: 55 Buttercup Lane, Hanover, MA 02339
CASE #: 98JN66
HEARING DATE: August 27, 1998
TIME: 7:00 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.C.b.
LOCATION: Hanson Assessors Map 42 Lots 39 & 47
STREET: Main Street
You are hereby notified that after careful consideration of your application
dated June 18, 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 2, 1998
Case No. 98JN66 Dunham Farms Page 2
REPRESENTATIONS TO BOARD:
1. Proposed project is in a Residence B zone.
2. Applicant proposes to construct 38 two bedroom condominium units in five buildings.
3. Eighteen units will be two-story townhouses and 20 will have separate units on each floor.
4. A traffic study was presented.
5. Plans and specifications were reviewed by the Board’s review engineer, Land Planning, Inc.
6. Many abutters were present and expressed concern regarding drainage, traffic, buffers, trash, Aquifer Protection, etc.
7. The existing house and barn on the property are to be removed prior to construction
8. The Planning Board approved a cul-de-sac off Main Street which acts as frontage for this project.
9. The septic system is to be located 405 feet from Read Estates.
10.. Parking will be in back of units as required; front of units face out.
11. Some units will have garages.Parking will total 76 spaces.
12. There will be no dumpster on site. Tenants must provide their own disposal.
13. The applicant is willing to install a sidewalk from the property line to the end of High Street.
14. The Board suggested that a few trees be added to help screen the project from rear abutters.
15. Fencing is to be installed along the lot line of Vitale’s property and behind the abutting properties on Main Street along the lot line to within 100 feet of wetlands.
16. A total of three hearings were held with applicant, abutters and review engineer present.
17. Fire Chief Peter Huska sent a written statement that he had no problem with the proposed project.
18. Land Planning suggested that the Board require a consulting engineer be on site during site and road grading to ensure it is properly sloped.
19. The applicant stated he would be willing to plant 20 trees along the 200 feet buffer between Read Estates and this project.
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.
Case No. 98JN66 Dunham Farms Page 3
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;
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 commuity 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;
Case No. 98JN66 Dunham Farms Page 4
f) Potential fiscal impact.
DECISION:
The Application for Site Plan Approval and Special Permit is granted, subject to the following conditions:
1. The construction and site development shall conform to Dunham Farms Plan prepared by Vautrinot & Webby Co., Inc. dated June 23, 1998, and revised Sept. 8, 1998, and representations to the board.
2. The existing house and barn on the property shall be removed prior to construction.
3. Applicant shall comply with Section VI.C.1. & 2.a. & b.1-6 of the Hanson Zoning ByLaw
4. Tenants shall provide their own rubbish disposal.
5. A paved sidewalk with a granite curbing shall be installed from the property line to the end of High Street, details of which shall be approved by the Hanson Highway Surveyor.
6. Trees shall be added to the rear of the property to help screen the project from abutters as per approved plan.
7. Fencing shall be installed along the lot line of Vitale’s property and behind the abutting properties on Main Street along the lot line to within 100 feet of wetlands.
8. A consulting engineer shall be on site during site and road grading to ensure it is properly sloped.
9. Applicant shall plant 20 trees along the 200 foot buffer between Read Estates and this project.
10. Applicant shall obtain all necessary permits from all other Boards in the Town of Hanson.
11. 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.
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