TOWN OF HANSON
Hanson, Massachusetts
HANSON ZONING BOARD OF APPEALS
Hearing Findings & Decision
APPLICANT: John Tamulevich
ADDRESS: 807 Main Street, Hanson, MA 02341
CASE #: 99JA03
HEARING DATE: January 7, 1999
TIME: 7:30 p.m.
BOARD MEMBERS: VOTE OF BOARD:
Chairman: Lila Coyle APPROVE ( ) REJECT (xx)
Member: Edward Casey APPROVE ( ) REJECT (xx)
Member: William Baldwin APPROVE ( ) REJECT (xx)
SUBJECT: Application for Amended Special Permit
from the terms of a section of the By-Laws of the
Town of Hanson, Section # VI.B.2.f.
LOCATION: Hanson Assessors Map 34, Lot 7
STREET: Main Street
You are hereby notified that after careful consideration of your application
dated December 5, 1998 and after a Public Hearing as required by Chapter 40A, M.G.L., the Appeal Board voted:
(xx) To deny the application.
(...) To approve the application and
is hereby approved subject to conditions hereto annexed.
FILING DATE OF DECISION: January 25, 1999
Case # 99JA03 Tamulevich Page 2
REPRESENTATIONS TO BOARD:
1. The applicant requested an amended special permit to allow the parking of two additional trucks in connection with his approved home occupation at 807 Main Street. The property is located in a Residence B District and a Zone II Aquifer Protection District.
2. Approval for a home occupation for an arborist with an office and one truck was granted by the Board on December 19, 1995..
3. The petitioner said that the two additional trucks were parked in rental space at another location but had to be moved because that location was in an Aquifer Protection District.’
4. The petitioner told the Board that the trucks leave 807 Main Street between 7 and 7:30 each morning and return around 5 p.m. where they are parked overnight. They are also parked on site over the week end.
5. Several abutters expressed concern with the storage of vehicles and the potential impact on a water hole to the rear of the property from the proposed expanded business use of the site. One abutter spoke in favor of the proposal.
6. Building Inspector/Zoning Enforcement Officer Samuel Germaine said that he had received three complaints about the property but had delayed taking action on the complaints until after the hearing.
7. A memorandum from the Planning Board indicated disapproval of the request on the grounds that the storage of trucks is not allowed in a residential district.
Case # 99JA03 Tamulevich Page 3
8. The Board noted it does not have the power to grant a variance to conduct a business in a residential zone and determined that the proposed use would exceed what is allowed under a home occupation.
.
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:
1. The application for an amended special permit is denied by a unanimous vote of the Board.
2. Applicant may continue use of the site as a home occupation in conformance with the conditions of the decision rendered by Board on December 19, 1995.
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.
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