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ZBA Decision 04AP05 - Goodman
TOWN OF HANSON                                  HANSON, MASSACHUSSETTS

                        HANSON ZONING BOARD OF APPEALS
                                Hearing Findings & Decision


APPLICANT:              ROBERT GOODMAN

ADDRESS:                200 LIBERTY STREET
                        HANSON, MA.  02341

CASE#:          04AP05

HEARING DATE:   APRIL 13, 2004          TIME: 7:00 PM


BOARD MEMBERS:                                  VOTE OF BOARD:

Lila Coyle, Chairperson                         APPROVE (XX)    REJECT (   )

Margaret Hansen, Member                         APPROVE (XX)    REJECT (   )

Steven DeDominici, Alternate                    APPROVE (XX)    REJECT (   )


SUBJECT:        SITE PLAN APPROVAL under Town of Hanson Zoning By-law Section VII.F. 1 through 4

LOCATION:       200 LIBERTY STREET
        MAP 91, LOT 2, HANSON ASSESSORS MAP


You are hereby notified that after careful consideration of your application dated March 10, 2004, and after a Public Hearing as required by MGL Chapter 40A, the Hanson Board of Appeals voted :

        (   )   To deny the application

(xx)    To approve the application for SITE PLAN subject to the conditions hereto annexed


FILING DATE OF DECISION:



CASE#04AP05                     GOODMAN                 PAGE 2


REPRESENTATIONS TO THE BOARD:

1.      The Petitioner is requesting Site Plan Approval to allow for additional used car display spaces and landscaping at 200 Liberty Street, Hanson, Ma., Map 91, Lot 2, Hanson Assessors Map.

2.  Property is located in the Business zone, and is approximately 35,000 sq.ft.

3.      Business is known as Specialty Auto, Inc.

4.      The Site Plan introduced to the Board was prepared by Merrill Associates, Inc.,
Registered Profession Engineers and Land Surveyors, 427 Columbia Road, Hanover, Ma. 02339, Job No. 03-154 dated April 1, 2004, and revised April 22, 2004.

5.      The Petitioner was before the Board of Appeals in 1988, and was allowed to have six cars for sale on site and six for repairs.

6.      Petitioner explained that since his primary business is buying and selling cars, he needs more display and storage space and is requesting to add 29 more spaces.

7.      Per the Petitioner, there are two employees.

8.      The only repairs done on site are to the vehicles on the lot.  There is no solicitation of any kind for outside business.

9.      Petitioner stated that he will have to go to the Board of Selectmen to increase the
number of vehicles allowed on his used car license.

FINDINGS:

With regard to the Site Plan, the Board finds that the alteration 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 are 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;
CASE#04AP05                     GOODMAN                 PAGE 3


FINDINGS:  (cont.):

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 buildings 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 use of the subject premises shall conform to the representations made by the Petitioner at the hearing on this matter.

2.      Hours shall remain as approved in 1988 Decision, Case#88MA37, 8:30 am to 8:30 pm, Monday through Saturday.  

3.      There shall be two employees.

4.      There shall be no more than 26 vehicles on site at any one time.

5.      The parking positions of vehicles in the front of the business shall be perpendicular to the road.

6.      The Petitioner shall eliminate four parking spaces – two angled spaces on the side of the existing garage; two spaces beside the shop; refer to Site Plan, Job #03-154, filed with application.

7.      No flags or banners shall be placed on vehicles or on the site at any time.

8.      The Decision is contingent upon the issuance of a used car license to allow for the increase in vehicles from the Board of Selectmen.



CASE#04AP05                     GOODMAN                 PAGE 4

DECISION:  (cont.)

9.  One 9 sq.ft. free-standing sign shall be allowed.

10.     Any future expansion or change to the business shall require the Petitioner to come back before the Board of Appeals.

11.     The property shall be maintained in a neat and orderly manner.

12.     The Petitioner shall obtain all necessary permits from all other Boards in the Town of Hanson.

13.     The Petitioner shall be in compliance with all State and local fire regulations.

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


DATED:  JUNE 15, 2004


Lila Coyle, Chairperson


Margaret Hansen, Member


Steven DeDominici, Alternate