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ZBA Decision 99FE10 - Alexander
TOWN OF HANSON
Hanson, Massachusetts

HANSON ZONING BOARD OF APPEALS

Hearing Findings & Decision

APPLICANT:      Steve Alexander

ADDRESS:                800 Franklin Street, Hanson, MA 02341

CASE #:         99FE10

HEARING DATE:   March 11, 1999

TIME:           7:15 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. & Section # VI.E.2.a.

LOCATION:     Hanson Assessors Map 67, Lot 6A
                             STREET:   Franklin Street

You are hereby notified that after careful consideration of your application
dated        February 16, 1999     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 & Special Permit
         is hereby approved subject to conditions hereto annexed.

FILING DATE OF DECISION:    March 25, 1999      


        Case # 99FE10                        Alexander                                         Page 2

        REPRESENTATIONS TO BOARD:
                
                1.  The applicant requested Site Plan Approval to operate a landscape           business with office, garage, storage and display at 18 Franklin Street                 which is in the Commercial-Industrial District and Zone IIIB of the Aquifer             Protection District.

                2.  The applicant currently operates Three Brothers Landscape in                        Brockton.

                3.  The lot where the business will be located is one of three lots recently            subdivided from a larger parcel through the Planning Board Approval Not                 Required Process.  The new lot contains 299,087 square feet with 298,674                in Hanson and the balance in East Bridgewater.

                4.  The total building coverage will be 10,530 square feet  The total           number of parking spaces will be 26 with 10 for customers and 16 for            employees. The maximum number of employees will be 16.

                5.  The hours of operation will be 6 a.m. to 6 p.m., Monday through             Saturday. The business will be open year round with bark, mulch and             firewood to be sold on site. Snow plowing will be done in the winter.

                6.  Board member William Baldwin indicated that he had done plowing for                 the applicant the previous winter.  There were no objections from abutters              to Baldwin continuing to sit on the hearing.

                7.  The applicant stated that the 36 square feet of building signage and the            one nine square foot free standing sign proposed will comply with the           requirements of the Hanson Zoning Bylaw. The Board said it wanted to see                the location of the sign addressed on the site plan.

                8.  The applicant said there would be seven registered vehicles on site.                Vehicles and equipment will be housed inside the garage. The only                       maintenance to be done on site will be to lawnmowers. Plows will be             stored to the rear of the building.

                9.  Abutters asked about screening along the roadway and noise and were                 told that shrubs will be planted in the 20 foot front buffer area and that              trucks will not be leaving the yard until 7 a.m.



         Case # 99FE10                        Alexander                                         Page 3

                10. The Board determined that concerns raised in a memorandum from the          Planning Board regarding drainage, pitch, relationship to street level and              site distance had been addressed.

        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:

                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.
         Case # 99FE10                        Alexander                                         Page 4

        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;

                f)  Potential fiscal impact.

        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 above set forth;

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

                5.  Applicant shall be in compliance with all state and local fire regulations;

                6.  The premises shall conform to the plan submitted by Land Planning Inc.                   of Hanson, dated March 25, 1999;

                7.  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.