TOWN OF HANSON
Hanson, Massachusetts
HANSON ZONING BOARD OF APPEALS
Hearing Findings & Decision
APPLICANT: Ayoub Engineering, agent for Gibbs Oil Company Limited Partnership
ADDRESS: 318 Main Street, Hanson, MA 02341
CASE #: 98AG73
HEARING DATE: September 3, 1998
TIME: 7:30 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., IV.A., & VI.D.2.a
LOCATION: Hanson Assessors Map 40 Lot 42
STREET: Main Street
You are hereby notified that after careful consideration of your application
dated August 4, 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: December 8, 1998
Case No. 98AG73 Gibbs Oil Page 2
REPRESENTATIONS TO BOARD:
1. Hearings were held September 3, October 1, October 15, and November 5, 1998.
2. Land Planning, Inc. was the consulting engineer for the Board.
3. The property is located in the Business Zone and in Aquifer IIIB.
4. The existing building is one story, concrete block approximately 24 ft. by 12 ft.
in size with a triangular-shaped canopy over the building and pumps which is approximately 60 feet long.
5. Applicant proposes to remove existing building, canopy, service islands, pumps and underground storage tanks.
6. Applicant proposes new construction of a 40 ft. by 80 ft. food mart/gas station building with a coffee/donut drive thru, new canopy, new islands with pumps and new underground storage tanks.
7. Permission has been granted by the Board of Selectmen for new underground storage.
8. Plans were reviewed by the Fire Chief, Police Chief and Building Inspector and correspondence was received and read from them.
9. Applicant answered questions regarding the drive thru stacking lane, pass thru lane, number of cars in line, and time frame from ordering speaker to pick up.
10. Applicant proposes 20 parking spaces.
11. A traffic study was prepared and presented.
12. Land Planning addressed several issues found during its review. Applicant stated these would be taken care of.
13. Abutters present expressed concern about size of new building, traffic impact on intersection, increased noise, increased accidents, drivers using corner as cut through, etc.
14. Hours of operation will be remain the same (6 a.m. - 11 p.m.).
Case No. 98AG73 Gibbs Oil Page 3
15. The board suggested that the applicant reconsider the building size as well as looking at set backs and buffer areas.
16. Building size was reduced by 40 percent (36’ x 53’). Two proposed gas pumps were removed, the canopy size was reduced, the setback was increased, the number of parking spaces decreased to 13, the pass-thru lane at the rear of the building has been removed, and the width of the exit onto Indian Head Street was reduced.
17. The review engineer made suggestions regarding parking configuration, no parking areas, reducing the entrance onto Main Street, and the impervious surface of the site.
18. Abutters noted that the applicant had met with them several times and had made changes to the plan in order to address their concerns.
19. A new 60 square foot sign (grandfathered) will be installed.
20. Applicant requested a 20 square foot sign on the building, a 30 square foot sign on the canopy, and two small Do Not Enter and Drive-Thru Enter signs.
FINDINGS:
1. The Board determined that the proposed changes to the pre-existing, non-conforming use will be no more detrimental to the neighborhood than the present operation.
2. A Variance was not required.
3. With regard to the Site Plan:
The Board found 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
Case No. 98AG73 Gibbs Oil Page 4
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.
4. 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:
Case No. 98AG73 Gibbs Oil Page 5
1. Variance withdrawn without prejudice by the applicant.
2. A review hearing will be held in one year’s time in order to determine whether or not there are any matters which need to be addressed or re-addressed.
3. Decision based on plans titled “Site Improvement Plans for Gibbs Oil Company at 318 Main Street, Hanson, MA prepared by Ayoub Engineering, Pawtucket, RI, dated August 3, 1998” and revised on October 14, 1998.
4. The building size will be 36 feet by 53 feet.
5. The canopy will be 25 feet by 96 feet and will cover four new service islands with new pumps.
6. Canopy will have a fire suppression system installed therein.
7. A total of 13 parking spaces will be designated for food mart customers, including one handicapped space nearest building.
8. An area in front of and on each side of the building will be painted and striped to indicate “No Parking”.
9. Dumpster and waste oil tank to be enclosed and located as indicated on final plans.
10. Menu board and drive up window to be as located on revised plan. (This business to have separate site plan prior to starting.).
11. Lighting and signage placement to follow revised plan.
12. Street sign on pole to remain at 60 square feet.
13. Building signage not to exceed 36 square feet.
14. Hours of operation will be 6 a.m. to 11 p.m.
16. A six foot high stockade fence will be installed as indicated on the accepted plans (along property line of abutters Morse and Paine as well as behind drive thru lane at back of building). Said fencing to be installed at an even height regardless of contour of land and is to be located as close to the property line as feasibly possible.
Case No. 98AG73 Gibbs Oil Page 6
17. Applicant shall obtain all necessary permits from all other Boards in the Town of Hanson.
18. All regulations of the Town of Hanson Fire Department and the Commonwealth of Massachusetts pertaining to fuel dispensing facilities and underground storage tanks shall be adhered to.
19. 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: December 3, 1998
____________________________ _____________________________
Lila Coyle, Chairman William Baldwin, Member
____________________________
Edward Casey, Vice Chairman
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