TOWN OF WAREHAM
ZONING BOARD OF APPEALS
MEMORIAL TOWN HALL
54 MARION ROAD
Wareham, MA 02571
ZONING BOARD OF APPEALS MEETING MINUTES

Wednesday, January 11, 2006

Members present:
Donald McKinlay, Vice Chairman
Kenneth Ferreira, Chairman (7:50 p.m.)
Michael Martin
John Cronan
Michele Zollo
David Sharkey, Associate Member
Mary Scarsciotti, Associate Member
Richard Secher, Associate Member

Brenda Ekstrom, Board of Selectmen liaison, was also present for this meeting.

D.McKinlay called the meeting to order at 7:30 p.m. and explained the meeting procedure.  

PRELIMINARY BUSINESS:
Approval of Minutes - December 7, 2005, December 14, 2005, December 28, 2005
NOTE: The minutes of December 14 were set aside until K. Ferreira was present.
MOTION: Moved by M. Scarsciotti and seconded by D. Sharkey to approve the minutes of December 7, 2005 as written.  VOTE: Unanimous (5-0-0)
MOTION: Moved by M. Martin and seconded by D. Sharkey to approve the minutes of December 28, 2005 as written.  VOTE: (5-0-1)

Extension Request - Petition #118-05, Petition #119-05
A letter dated January 6, 2006, from Jack Beck of Buzzards Bay Habitat for Humanity, was read into the record.  A six month extension (to October 25, 2006) is requested for the variances granted to Petition #118-05 and Petition #119-05.  D. Sharkey asked if the project is behind due to legal reasons and was told no.  Audience members had no questions or comments.
MOTION: Moved by J. Cronan and seconded by M. Scarsciotti to grant the extensions requested.  VOTE: Unanimous (5-0-0)

PETITION FOR RECONSIDERATION:
2890 Cranberry Highway - Ocean Plaza Project - Walter Ghetti, c/o Bay Planning Company
D. McKinlay said the applicant’s remand request was considered in an open hearing.  He explained that the remand request was denied because the Board had already received notice of the request for a repetitive petition and felt that one or the other was appropriate.  M. Martin noted that the letter from the applicant states the project falls under 40B; he was told it actually is 40A.  The applicant was represented by architect Dave Sorgman, who described the changes made to the project.  Also present were Walter Ghetti, Peter Ghetti, and Frank Amonti.   
NOTE: K. Ferreira joined the meeting at this time.
The proposed 4,600 square foot, 150 seat restaurant has been eliminated and a 3,200 square foot retail building is shown in its place.  Two retail stores are proposed in the building.  The proposed rear building will remain the same.  No changes have been made to the previously proposed buffers, impervious coverage, vegetation, or light.  
K. Ferreira explained the purpose of repetitive petitions.  He asked if the Planning Board has seen the new plan and was told yes.  The statute relative to repetitive petitions was reviewed and discussed.  Specific language of the statute was read into the record.  
The proposed uses for the rear spaces of the project were discussed.  M. Scarsciotti asked if any tenants have committed to the spaces and was told yes.  
Board members had no further questions or comments.             
MOTION: Moved by D. McKinlay and seconded by J. Cronan that the applicant, by removing the restaurant and adding two much lower intensity-type retail uses, has made a change which meets the requirement for a repetitious petition.  VOTE: Unanimous (5-0-0)

Approval of Minutes - December 14, 2005
MOTION: Moved by M. Scarsciotti and seconded by M. Zollo to approve the minutes of December 14, 2005 as written.  VOTE: (5-0-2)

PUBLIC HEARINGS:
Petition #001-06 -2499 Cranberry Highway - Stephen Linn, c/o Charles L. Rowley & Associates
NOTE: M. Zollo recused herself from this hearing.  D. Sharkey voted in her place.
The public hearing notice was read into the record.  Green cards were submitted as proof of abutter notification.  The applicant was represented by Charles Rowley, P.E.; Jan Hogan of Prudential-Linn Real Estate was also present.  Comments from the Board of Health were read into the record.  Mr. Rowley described the project; the request is for a variance to allow a sign 2' from the property line.  The plan shows a 1' setback; the plan was revised by K. Ferreira to show a 2' setback and was marked Exhibit A.  Mr. Rowley described the site and road layout; he said adherence to the bylaw would result in the sign being set back 40' off the road.  
K. Ferreira said most projects in town require relief from the sign bylaw and this request dramatizes the need for revamping of the bylaw to make it more consistent.
Audience members had no questions or comments.  The file did not contain any letters voicing opposition to or support for the request.  
M. Martin asked if the tenant sign would be a neon type sign and was told no.  
M. Scarsciotti asked if a variance would be required should a sign be placed on a fence along the side of the property; she was told yes.  
D. McKinlay stated that by precedent signs have been required to meet the setback requirements.  He suggested a condition requiring the moving of the sign should the paving be changed.  He noted that a buffer should have been required between the site and the abutting residential use; this should have been required during the site plan review process.  
D. Sharkey suggested a condition that the spotlight be limited to cover the sign only and that the light be a natural color.
J. Cronan had a brief question about the property line on photographs of the site.
Board members had no further questions or comments. 
MOTION: Moved by J. Cronan and seconded by D. McKinlay to close the public hearing.  VOTE: Unanimous (5-0-0)
MOTION: Moved by J. Cronan and seconded by D. Sharkey to grant the variance with the following conditions: 1.  The sign will be placed per the plan marked Exhibit A by Charles Rowley.  Exhibit A is dated January 11, 2006, the plan itself is dated December 2, 2005.  2.  The setback of the sign from the property line will be 2'.  3.  Should the edge of pavement be moved toward the property line in the future, the sign will be moved back an amount equal to the amount the edge of pavement is moved or until it meets the required 20' setback in the future.  4.  Lighting will be done in such a way that the light does not leave the property and shine onto the highway.  5.  The floodlight shall be of a natural white light glow.  6.  The sign is to be constructed in accordance with the detail shown on the plan.  7.  Any additional lettering that will be added to the 12" bottom section will be hand carver or painted on the wood.  8.  The sign will not contain any internal illumination or flashing message board.   9.  All other site lighting will be done in such a manner as not to leave the property and shine onto adjacent properties or the roadway.  10.  Any additional signage to be installed will require a modification of this variance.   VOTE: Unanimous (5-0-0)

OLD BUSINESS:
Tedeschi’s - 3 Barker Road
Mr. Misiaszek has submitted a letter to the Board stating that Tedeschi’s is in violation as they have not initiated their one year review. 

Tremont Nursing Home 
Mrs. Ekstrom said she has discussed this with Mr. Hartman, who said he will discuss a cease and desist order with Mr. Misiaszek.

Request for Street Name Change - Fearing Hill Road
Captain Dykus, Wareham Fire Department, has requested a street name and sign change for the 40B project on Fearing Hill Road.  The applicant has suggested Fieldstone Circle.  
MOTION: Moved by D. McKinlay and seconded by M. Scarsciotti that the request for a change of name in this specific case is insubstantial and the Board of Appeals has no preference on the name.  However, the Board of Appeals should be notified of the final change to allow the file to be updated.   VOTE:   Unanimous (5-0-0)
  
Carleton Place 
The conditions relative to Certificates of Occupancy were discussed. 
  
NEW BUSINESS:
Seminar - Dick Heaton
Mr. Heaton discussed offering 40B consulting services to the Board.  K. Ferreira asked how he would be paid.  He was told legal and consulting fees can be obtained from the developer.  Mr. Heaton and Board members discussed revising the current rules and regulations in addition to discussing different aspects of the 40B process.

Meeting adjourned.   

							______________________________
							Donald McKinlay, Chairman 

Date minutes approved:
Date minutes sent to Library: