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ZBA Decision 98SP87 - All Star Video
TOWN OF HANSON
Hanson, Massachusetts

HANSON ZONING BOARD OF APPEALS

Hearing Findings & Decision

APPLICANT:      All Star Video

ADDRESS:                430 Liberty Street, Hanson, MA 02341

CASE #:         98SP87

HEARING DATE:   October 15, 1998

TIME:           8:00 p.m.

BOARD MEMBERS:                                            VOTE OF BOARD:

Chairman:               Lila Coyle                      APPROVE (xx)  REJECT  (   )

Member:         William Baldwin         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 82, Lot 7
                             STREET:   Liberty Street

You are hereby notified that after careful consideration of your application
dated        September 24, 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:    November 16, 1998



Case No. 98SP87
All Star Video
Page 2

REPRESENTATIONS TO BOARD:


        1.      The premises that is the subject matter of this petition is located in the              Business Zone, at 430 Liberty Street, Hanson Assessor’s Map 82, Lot 7.
        
        2.      The proposal is for Site Plan Approval for the operation of a 6,000 square              foot super video store at the above location, as shown on the plans filed               with this application;          

        3.      The hours of operation for the use shall be 9:00 a.m. to midnight, seven                days a week.

        4.      There will be ten (10) employees, full and part-time.

        5.      The parking is depicted on the said Site Plan;

        6.      The signage on the building shall be in the existing 75 square feet now on              the premises for signs;

        7       Discussion between Board and petitioner led to the withdrawal of the            request for a variance, as the same was not needed.  The withdrawal was at              the request of the petitioner with the assent of the board; and

        8.      Petitioner requests Site Plan Approval.

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.

        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:

        

Case No. 98SP87
All Star Video
Page 3

                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;

                4.  Applicant shall obtain all necessary permits from all other Boards in the                Town of Hanson.

Case No. 98SP87
All Star Video
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        5.  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.

        6.  The premises shall conform to the plans filed with this petition.

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 12, 1998



____________________________                       _____________________________
Lila Coyle, Chairman                                                 William Baldwin, Member



____________________________
Gaytha Wallace, Alternate Member