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ZBA Decision 04AP06 - Corrigan
TOWN OF HANSON                                  HANSON, MASSACHUSETTS
        
                        HANSON ZONING BOARD OF APPEALS
                                Hearing Findings & Decision


APPLICANT:              FREDERICK & ELLEN CORRIGAN

ADDRESS:                876 MAIN STREET
                                HANSON, MA.  02341

CASE#:          04AP06  

HEARING DATE:   APRIL 13, 2004          TIME:           7:15 PM


BOARD MEMBERS:                          VOTE OF BOARD:

Chairperson:    Lila Coyle                      APPROVE (XX)    REJECT (   )

Member: Margaret Hansen         APPROVE (XX)    REJECT (   )

Member: David Soper                     APPROVE (XX)    REJECT (  )


SUBJECT:        Application for a SPECIAL PERMIT under Town of Hanson Zoning By-laws Section VIII.D. and Section VI.C.2.(a).; and Section VII.E.1.-signage.

Location:       876 MAIN STREET
                        MAP 42, LOT 39D, HANSON ASSESSORS MAP

You are hereby notified that after careful consideration of your application dated March 15, 2004, and after a Public Hearing as required by MGL Chapter 40A, the Hanson Zoning Board of Appeals voted:

        (   )   to deny the application

(xx)    to approve the application for a SPECIAL PERMIT with conditions hereto annexed.


FILING DATE OF DECISION:




CASE#04AP06                     CORRIGAN                        PAGE 2


REPRESENTATIONS TO THE BOARD:

1.      The Petitioners are seeking a Special Permit under Town of Hanson Zoning By-laws Section VIII.D. and Section VI.C.2.(a) for an in-home occupation in an accessory building to operate an art studio for the purpose of sale by appointment only or off premises; and Town of Hanson Zoning By-law Section VII.E.1.to allow a sign not larger than three (3) square feet with ground or arm-type lights; for the purpose of operating a Bed & Breakfast for a maximum of four (4) guests at 876 Main Street, Map 42, Lot 39D, Hanson Assessors Map.

2.      Property is located in Residence B Zone and has approximately 1.59 acres.

3.      The two-story detached garage, which has a full basement, will be the location of the art studio. The woodworking shop will be in the basement of the garage; the carving shop will be on the first floor and the display of art works will be located  on the second floor.

4.      The Petitioners will expand the parking area near the garage with either stone or gravel to accommodate three additional vehicles. This area will be approximately 30ft. x 40ft.and will connect to the existing asphalt driveway by a 10ft. wide gravel driveway.

5.      Per the Petitioners, the set of stairs that come off the outside of the garage to a deck on the second floor will be the entry way to the art studio.

6.      The art studio will operate “by appointment only.”

7.      Regarding the Bed & Breakfast, the Petitioners stated that only two bedrooms on the second floor of the house will be used to accommodate four guests.

8.      The sign post for the Bed & Breakfast and the art studio will have armature lights shining down and will be located on the west side of the existing sidewalk with the sign back nine feet from the street. The sign will be made of wood with raised letters.

9.      Motion detectors will be installed on the front and side of the garage where the new parking area is proposed.

FINDINGS:

With regards to the Special Permit the Board took into consideration each of the following:

CASE#04AP06                     CORRIGAN                        PAGE 3

FINDINGS:  (cont.)

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.

Comments from other Town Boards are as follows:
        
Planning Board:  no comment.
        Board of Health:  stated a septic system repair is needed before occupying the house as a Bed and Breakfast.
        Conservation Committee:  stated that there are no wetlands, nor any buffer zone that is required on this site.

DECISION:

The application for a Special Permit is granted subject to the following conditions:

1.      Petitioners shall obtain all necessary permits from all other Boards in the Town of Hanson;

2.      The Bed & Breakfast shall encompass two (2) bedrooms to accommodate four (4) guests only.

3.      The art studio will operate by appointment only.

4.      Motion detectors shall be installed on the front and side of the garage.

5.      The sign post shall be lit by an armature light shining downward. The  telephone number for the B & B and art studio to be included on the sign.

6.      If any complaints from neighbors are received by the Board of Appeals as far as excessive traffic to and from the property, the Board shall notify the Zoning Enforcement Officer to address the complaints.

CASE#04AP06                     CORRIGAN                PAGE 4

DECISION:  (cont.)

7.      Special Permit 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 DEPARTMENT FOR PLYMOUTH COUNTY BY BRINGING ACTION WITHIN TWENTY (20) DAYS AFTER DECISION HAS BEEN FILED IN THE OFFICE OF THE TOWN CLERK.



DATED:  MAY 4, 2004



Lila Coyle, Chairperson


Margaret Hansen, Member



David Soper, Member