Running a business can often be a gamble, and those who place their bets on Hanover must first pass an obstacle course of town by-laws that keep some businesses out of Hanover and help others prosper.
Hanover is split into 14 zoning districts, each with a specific list of how land in the district can be used. Other uses are permitted only with special exception from the Zoning Board of Adjustments, a five-member board appointed by the town's Selectmen.
While zoning by-laws allow hotels, private clubs, retail stores, restaurants, banks and offices to operate in the business district, publishing houses, parking facilities, drive-in-restaurants, wholesale businesses and auto service stations require special exception.
Special exceptions are granted to businesses that "won't adversely affect town services and facilities, character of the neighborhood and highways and sidewalks," Peter Johnson, Hanover's zoning administrator said.
As an example, Johnson said wholesale businesses require a special exception because large trucks associated with such enterprises would interfere with town traffic.
If a new business uses its facility for the same purpose as the previous occupant, Johnson said he can issue a zoning permit. But if the new enterprise includes a new building or a change in the facility's use, Johnson must turn the matter over to the town's Planning Board who must complete a "site plan review," Johnson said.
The Planning Board addresses questions of lighting, landscaping and the general visual impact a business has on the town.
"They have the authority to ask that things be done in a certain way," Johnson said.
Parking is a major consideration in the issuing of zoning permits. Because of Hanover's parking shortage "any change of use requires you to address the issue of parking," Johnson said.
The size of a store and the number of seats in a restaurant determine how many parking spaces a retail establishment is required to have.
The shortage of parking in town has caused several new businesses to remain without any seating. The Bagel Basement on Allen Street provides counters but is not allowed to have any chairs unless it can provide parking.
Francoise Duffy, Executive Vice-President of Chez Francoise, a French bakery that recently opened behind The New Dartmouth Bank, said she had the same problem with the zoning board. "The zoning board said that I couldn't put any tables in the bakery because of the parking situation," she said.
Duffy was originally planning to place two tables in the bakery, but will only be able to install a counter. "I can have a counter where people have their coffee and pastries standing up, but the minute I put in a chair, it becomes a restaurant," Duffy said.
When a new restaurant replaces an old one the transition is smooth as long as the seating capacity does not change.
Rocio Menoscal had no zoning problems opening Traditionally Trendy on Main Street because she moved into Art Bennett's Sport Shop. She said the entire zoning procedure took one week.
"It can be simple or complex depending on the scale of the project," Johnson said. "From a small office to small retail can be very simple, while a new building or changes to an existing building can be a process that goes on a few months."
For Tom Guerra, part owner of the Dirt Cowboy Cafe, the situation was complicated by the fact that he moved into the space previously occupied by Bank East.
But Guerra said he did not have to worry about parking spaces because his landlord, William Davidson, who also owns Murphy's Tavern and 5 Olde Nugget Alley, gave him the seven parking spaces needed to maintain the cafe's 35 seats.
"Because of the parking situation, there's a big market being taken away from the students, like cafes, billiard halls and dance halls," Guerra said.
The Hanover Area Chamber of Commerce provides support for local landlords and business owners by answering questions and providing information, according to Clint Bean, who heads the organization.
Menoscal, who is now a Chamber of Commerce member, said the organization gives her a chance to make her voice heard in the community but said she has never asked for their support.
But others like Guerra are not as pleased with the Chamber of Commerce.
"I asked the Chamber of Commerce for help when I was having problems with Town Hall and they said, 'we'll talk when you're settled,'and now they want me to pay $100 for membership," Guerra said.
Despite this, Guerra is considering joining the Chamber of Commerce because he has heard they have some ideas about solving the parking problem. "Town Hall realizes it's a problem, but they just don't know what to do about it," he said.
