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ZBA Decision 98SP80 - T-Stop Cafe
TOWN OF HANSON
Hanson, Massachusetts

HANSON ZONING BOARD OF APPEALS

Hearing Findings & Decision

APPLICANT:      John Marbet dba T-Stop Cafe & Deli

ADDRESS:                1071 Main Street, Hanson, MA

CASE #:         98SP80

HEARING DATE:   September 24, 1998

TIME:           8:00 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.E.2.a.

LOCATION:     Hanson Assessors Map    43            Lot    29    
                           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. 98SP80               T-Stop Deli                       Page 2

REPRESENTATIONS TO BOARD:

        1.      The premises is located in a commercial-industrial zone, at 1071 Main           Street, Hanson Assessor’s Map 42, Lot 29.
        2.      The proposal is for site plan approval to allow the operation of a 25 seat              restaurant in 900 square feet of space at the above address.    
        3.      The hours of operation shall be from 6:00 a.m. to 3:00 p.m., Monday             through Saturday.
        4.      The maximum number of employees will be four.   
        5.      Signage will be restricted to the 36 square feet allowed on the building.       6,      Employees will be required to park across the street.
        7.      The nine parking spaces on site will be for the use of T-Stop patrons           only.  They will be 12 feet off the building and marked.        
        8.      Petitioner requests Site Plan Approval and a Special Permit.

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 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:

        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. 98SP80               T-Stop Deli                       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;

        
DECISION:

        The Application for Site Plan Approval and Special Permit is granted, subject to        the following conditions:

        1.  All lighting for the premises shall be directed so as to shine on the premises
        only, and shall not be directed or shine onto the roadway or adjacent property, and     shall be in conformity with the Hanson Zoning By-Law;
        2.  The hours of operation for the business shall be as above set forth;
        3.  The number of employees shall be as above set forth;
        4.  Applicant shall obtain all necessary permits from all other Boards in the Town      of Hanson.;
        5.  The sign shall conform to the Hanson Zoning By-Law;
        6.  The nine parking spaces next to the building shall be for patrons only, marked,     and 12 feet off the building.
        7.  Employees shall be required to park across the street in spaces granted through     a prior site plan.
        
        Case No. 98SP80               T-Stop Deli                       Page 4
        
        8.  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