TOWN OF HANSON
Hanson, Massachusetts
HANSON ZONING BOARD OF APPEALS
Hearing Findings & Decision
APPLICANT: Thomas Bates dba Plymouth County Lawn Care., Inc.
ADDRESS: 1375 Main Street, Hanson, MA 02341
CASE #: 98NV98
HEARING DATE: December 17, 1998
TIME: 7:00 p.m.
BOARD MEMBERS: VOTE OF BOARD:
Chairman: Lila Coyle APPROVE (xx) REJECT ( )
Member: Edward Casey APPROVE (xx) REJECT ( )
Member: Gaytha Wallace APPROVE (xx) REJECT ( )
SUBJECT: Application for SITE PLAN APPROVAL
from the terms of a section of the By-Laws of the
Town of Hanson, Section # VII.F.l.
LOCATION: Hanson Assessors Map 44, Lot 12
STREET: Main Street
You are hereby notified that after careful consideration of your application
dated November 23, 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
is hereby approved subject to conditions hereto annexed.
FILING DATE OF DECISION: January 11, 1999
Case #98NV98 Thomas Bates Page 2
REPRESENTATIONS TO BOARD:
1. The premises that is the subject matter of this petition is located in the Commercial-Industrial Zone, at 1375 Main Street, Hanson Assessor’s Map 44, Lot 12.
2. The proposal is for Site Plan Approval for the operation of a lawn care business in Unit 1 in the rental property at the above location, as shown on the plans filed with this application. The business will be associated with NaturaLawn of America, an organic-based lawn care company.
3. The hours of operation shall be 8:30 a.m. to 5 p.m., Monday through Saturday for the retail business with telemarketing to be done on site from 5 p.m. to 8:30 p.m., Monday through Saturday.
4. There will be six (6) employees.
5. The signage on the building will not exceed the requirements of the Zoning Bylaw.
6 The petitioner said that no more than one ton of fertilizer would be housed on site and that materials will be delivered no more than three times a year.
7. At the board’s request, the petitioner agreed to provide a letter from the parent company indicating none of the materials used in the business are hazardous.
8. Petitioner stated that the chemicals used in the business have been reviewed by the Fire Chief who indicated he had no problems with the proposed business.
9. Petitioner stated that any trucks associated with the business will go home with employees at night.
FINDINGS:
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 drainage consistent with the functional requirements of the Planning Board’s Subdivision Rules and Regulations.
Case #98NV98 Thomas Bates 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.
DECISION:
The Application for Site Plan Approval is granted, subject to the following conditions:
1. The hours of operation for the business shall be as above set forth;
2. The number of employees shall be as above set forth;
3. The signage shall be as set forth above;
Case #98NV98 Thomas Bates Page 4
4. Applicant shall obtain all necessary permits from all other Boards in the Town of Hanson.
5. Applicant has provided the Board with a letter from NaturaLawn of America indicating none of the materials used in the business are hazardous.
6. There shall be no parking of trucks overnight.
7. Applicant shall be in compliance with all state and local fire regulations.
8. The premises shall conform to the plans filed with this petition.
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: January 7, 1999
____________________________ _____________________________
Lila Coyle, Chairman Edward Casey, Member
____________________________
Gaytha Wallace, Alternate Member
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