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ZBA Decision 99MR13 - Bob's Foreign Auto
TOWN OF HANSON
Hanson, Massachusetts

HANSON ZONING BOARD OF APPEALS

Hearing Findings & Decision

APPLICANT:      Bob’s Foreign & Domestic Auto Service

ADDRESS:                30 Monponsett Street, Hanson, MA 02341

CASE #:         99MR13

HEARING DATE:   April 1, 1999

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 & SPECIAL PERMIT
                           from the terms of a section of the By-Laws of the
                            Town of Hanson, Section # VII.F. & Section # VI.F.3.A.5

LOCATION:     Hanson Assessors Map 40, Lot 3
                             STREET:   Monponsett Street

You are hereby notified that after careful consideration of your application
dated        February 18, 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:    April 12, 1999      


        Case # 99MR13                 Bob’s Foreign & Domestic                      Page 2

REPRESENTATIONS TO BOARD:
                
                1.  The applicant requested Site Plan Approval and a Special Permit to          operate an automobile repair business with a six-car Class II used car          license at 30 Monponsett Street.  The business is located on a 38,470           square foot non-conforming lot in the Business District and an Aquifer          Protection Zone IIIB.

                2.  The applicant is renting space from the the owner in the 1,104 square               foot addition to the existing building that was the subject of a Special                Permit and Site Plan Approval hearing before the Board on August 9,             1988. The property is currently paved to the lot line.

                3.  Business owner Robert Brault told the Board that his hours of                       operation are 8 a.m. to 5 p.m., Monday through Friday and 8 a.m. to 2           p.m. on Saturday.

                4.  There are only two employees including Brault.

                5.  The Planning Board stated it was unable to make appropriate comments                due to a lack of information on parking, lighting, signs, etc.

FINDINGS:
        
    1.  With regard to the Site Plan:

        A.  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.

                B.  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:

                1.  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;

                2.  maximize pedestrian and vehicular safety both on the site and       egressing from it;

Case # 99MR13                 Bob’s Foreign & Domestic                      Page 3

                3.  minimize obstruction of scenic views from publicly accessible       locations;
                4.  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;

                5.  minimize glare from headlights through plantings or other   screening;

                6.  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;

                7.  minimize unreasonable departure from the character and scale of     building in the vicinity, as viewed from public ways;

                        8.  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;

                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;

        Case # 99MR13                 Bob’s Foreign & Domestic                      Page 4

                2.  The number of employees shall be as above set forth;

                3.  Applicant shall obtain all necessary permits from all other Boards in the                Town of Hanson;
        
                4.  Applicant shall be in compliance with all state and local fire regulations;

                5.  The premises shall conform to the plan submitted at the April 1, 1999                    public hearing;

                6.  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:  April 8, 1999



______________________________                          _________________________
Lila Coyle, Chairman                                                       Edward Casey, Vice Chairman


______________________________
Gaytha Wallace, Member