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ZBA Decision 99FE07 - Cerrato
TOWN OF HANSON
Hanson, Massachusetts

HANSON ZONING BOARD OF APPEALS

Hearing Findings & Decision

APPLICANT:      Lisa Cerrato

ADDRESS:                1280 Main Street, Hanson, MA 02341

CASE #:         99FE07

HEARING DATE:   February 18, 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
                           from the terms of a section of the By-Laws of the
                            Town of Hanson, Section # VII.F.1.

LOCATION:     Hanson Assessors Map 43, Lot 62A
                             STREET:   Main Street

You are hereby notified that after careful consideration of your application
dated        February 1, 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
         is hereby approved subject to conditions hereto annexed.

FILING DATE OF DECISION:    March 15, 1999      


        Case # 99FE07                          Cerrato                                         Page 2

        REPRESENTATIONS TO BOARD:
                
                1.  The applicant requested Site Plan Approval to operate a skin care salon             with the retail sale of associated items in rental space at 1280 Main Street            which is in the Commercial-Industrial District.
                
                2.  The applicant currently operates a beauty salon in the adjoining unit.              Site plan approval for a salon in that location was granted to a prior owner            in 1991.        
                
                3.  The applicant said that the additional space would also provide room                for an office and a utility closet..’   
                
                4.  The hours of operation for the beauty and skin care salons will be 10               a.m. to 8 p.m., Tuesday through Thursday, 9 a.m. to 7 p.m. on Friday and                9 a.m. to 5 p.m. on Saturday.           
                
                5.  The applicant stated that there are 10 employees for the combined           salons including herself who service an average of 30 customers a day with              some increase on Saturdays.             
                
                6.  The applicant said that the business also did skin care, nails and tanning          at its prior location at 1625 Main Street.  The applicant received approval             for that business in 1988.  No nails will be done at this site as there is an           exisiting nail salon on the premises.
                
                7.  The petitioner stated that parking is provided in front of the building             and to the rear for customers.  Employees park in an area designated for                tenants and their employees.
                
                8.  The petitioner said that the chemicals in the products used in the          business were simsilar to those submitted to the board by the prior                     hairdresser at her hearing.  The premises is located in a Zone II Aquifer               Protection District.

                9.  The petitioner stated that she intended to maintain the existing signage            which conforms to the existing zoning requirments
        
        FINDINGS:

        With regard to the Site Plan:

        

Case # 99FE07                          Cerrato                                         Page 3
        
        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.

        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 # 99FE07                          Cerrato                                         Page 4   

                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.

                5.  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:  March 4, 1999



____________________________                       _____________________________
Lila Coyle, Chairman                                                 Edward Casey, Member



____________________________
Gaytha Wallace, Alternate Member