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

Wednesday, January 25, 2006
Members present:
Kenneth Ferreira, Chairman
Donald McKinlay, Vice Chairman
Michael Martin
John Cronan
David Sharkey, Associate Member
Mary Scarsciotti, Associate Member
Richard Secher, Associate Member
Members absent:
Michele Zollo

This meeting was held in the Board of Selectmen meeting room in Town Hall.  Brenda Eckstrom, Board of Selectmen liaison, was also present for this meeting.
K. Ferreira called the meeting to order at 7:30 p.m. and explained the meeting procedure.  

PRELIMINARY BUSINESS:
Approval of Minutes - January 11, 2006
MOTION: Moved by M. Scarsciotti and seconded by J. Cronan to accept the minutes of January 11, 2006 as written.  VOTE: Unanimous (5-0-0)

DISCUSSION:
Off Fourth Street - Ari Stamatiour
Mr. Stamatiour and Ms. Sanentz, owners of the property, were present for this discussion and were represented by Glenn Amaral of G.A.F. Engineering.  Mr. Amaral submitted a Form B plan of the site to the Board; the site is located at Standish Avenue and Fourth Street.  The applicants own approximately 8.5 acres and would like to divide the property into three lots which would not meet the three acre zoning requirement.  They were told that four criteria are required to be granted a variance and were also  advised to consult with an attorney.  The possibility of dividing the property into two lots and one unbuildable parcel to be sold to the Department of Fisheries and Wildlife was discussed.  K. Ferreira noted that most of the property is not within the Zone II District.  D. McKinlay voiced concern for granting a variance for undersized lots without good justification.  Designating one undersized lot as affordable was discussed.                 

PUBLIC HEARINGS:
Petition #002-06 -13 Mason Street - Jose Chaves, c/o Armando Perreira
NOTE: D. Sharkey voted on this request in place of M. Zollo.

The public hearing notice was read into the record.  Green cards were submitted as proof of abutter notification.  The applicant was represented by Armando Perreira.   Mr. Perreira described the project to the Board; the request is for a variance to allow the construction of an addition to an existing dwelling.  The addition will consist of a second floor and will square off a front corner of the house.  The current front setback is 18' and will be 15' after the construction of the addition.   The house currently has two bedrooms and will have four after the construction of the addition.  Mr. Perreira and Board members discussed Section 13.40 of the bylaw.   K. Ferreira asked what is available for parking off street; he was told space is available for approximately two cars.   M. Martin asked the maximum height of the dwelling will be and was told 24' - 28'.  Audience members had no comments or questions.   Comments from the Board of Health were read into the record.  M. Martin and Mr. Perreira discussed the existing and project nonconformity at the site.  J. Cronan said the project would still result in considerable yard space for the area.  R. Secher said he was having a hard time determining hardship; K. Ferreira explained that hardship doesn’t usually have to be as intense in cases of dimensional variances. M. Scarsciotti asked if eliminating the cantilever would cause difficulty and was told eliminating the cantilever would result in a 2' reduction of width for the bedrooms.  She asked if the existing deck at the back of the dwelling will be removed.  Mr. Perreira said the deck was not  incorporated into the floor plan but will remain.  The cantilevered areas shown on the plan were discussed.  D. McKinlay said the proposal is actually to extend the house farther out than it is.  He asked why it can’t be built straight up, which would not increase the setback violation.  Mr. Perreira said if the owner is spending money on an addition they would like to have it be a usable space.  K. Ferreira asked what the existing square footage of the house is; he was told the first floor space is 20' X 34' and the upper level will be 24' x 34'.  The size of the proposed finished home and the size of homes in the area were discussed.  D. McKinlay said this project would have required a Special Permit if the front hadn’t been extended out.  J. Cronan suggested bringing the front of the house in and extending it from the back, which would not require a variance.   Mr. Perreira said that would create a problem with the stairs.  K. Ferreira suggested squaring off the stoop area and not squaring off the rest of the front area.  Mr. Perreira said that would create problems with the living room and stairs.  D. Sharkey said the request was reasonable but he was nervous about the technical restrictions of the variance.  J. Cronan said he did not have a problem with the request.  K. Ferreira said the Board could find that there is sufficient hardship to the structure.  Board members had no further questions or comments.       
MOTION: Moved by D. McKinlay and seconded by D. Sharkey to close the public hearing.  VOTE: Unanimous (5-0-0)
MOTION: Moved by J. Cronan and seconded by D. McKinlay to grant the variance with the following conditions: 1.  Rules and regulations of all Boards and Commissions shall be met.  2.  Construction shall be per the plan except as modified by these conditions.  3.  The closest point of the foundation shall not be less than 15'8".  The roof overhang shall not be less than 14'8" from the street line.  4. Off street parking adequate to the use shall be provided.    The Board finds that sufficient evidence was presented to make a finding that a hardship exists in the manner of the existing layout of the house that the required variances are necessary in order to install the second floor.   VOTE: Unanimous (5-0-0)

Petition #003-06 -12 Widows Cove Lane - Richard & Barry Lawton, c/o G.A.F. Engineering, Inc.
NOTE: R. Secher voted on this request in place of M. Zollo.

The public hearing notice was read into the record.  Green cards were submitted as proof of abutter notification.  Comments from the Board of Health were read into the record.  The applicant was represented by Glenn Amaral, P.E.   The request is for an amendment to a Special Permit requiring that a structure be constructed in accordance with a plan.  The applicant was originally granted a Special Permit to rebuild a dwelling on an undersized lot.  Tonight’s request is to relocate a structure on the property.  The side setbacks will be 44' and 20', the front setback will be approximately 65'.  An amended Order of Conditions was recently issued by the Conservation Commission.  Mr. Amaral described the site and project to the Board.  M. Martin asked if the lot is conforming and was told it’s an undersized lot (35,600 sq. ft.).  K. Ferreira explained that the setbacks have been changed in the R60 District (front - 60', side - 20') but this particular lot still meets setback requirements.  Michael Fitzgerald, purchaser of the property, addressed the Board. He said the dwelling originally proposed would have been 3200 square feet, and the amended dwelling will be 4500 square feet.  Audience member Kevin Black, 14 Widows Cove Lane, voiced support for the request.  The abandonment clause in the zoning bylaw was discussed.  K. Ferreira cautioned Mr. Amaral that the 20' setback shown was probably to a foundation, not an overhang.  Board members had no further questions or comments.      
MOTION: Moved by D. McKinlay and seconded by R. Secher to close the public hearing.  VOTE: Unanimous (5-0-0)
MOTION: Moved by D. McKinlay and seconded by J. Cronan to grant the request with the following conditions: 1.  Construction shall be as per plan except as modified by any conditions added.  2.  Rules and regulations of other Boards and Commissions shall be adhered to.  3.  Parking adequate to the use shall be provided off street.  4.  The setbacks shown will be to the footprint as projected onto the ground from the roof line.   VOTE: Unanimous (5-0-0)
          
NEW BUSINESS:
Carleton Place 
K. Ferreira read an email from Wayne DelPico stating that the Taxpayers of Wareham, the group that filed an appeal to the offsite work relative to Carleton Place, has signed a settlement agreement and a stipulation of dismissal that will be filed with the D.E.P. on January 26.  Mr. DelPico stated that the offsite work is planned to begin as soon as the paperwork is filed, probably January 30.  Mr. DelPico indicated that he intended to obtain building permits and begin construction.  J. Cronan asked when the lottery is to take place; he was told February 9 or 16.    
A letter from Marjorie Mann was reviewed and discussed.  The town has an easement to run a drainage pipe across her property; Mrs. Mann is requesting that she not be held liable for pollution or maintenance and repair of the pipe.  After discussion it was agreed that K. Ferreira will send her a brief letter advising that she should seek qualified legal counsel to determine her rights and liabilities.  

Board of Selectmen Chairman Bruce Sauvigeau and Board members discussed adoption of Rules and Regulations relative to 40B and LIP projects.
 
TAPE SHUT OFF   

Meeting adjourned.   

______________________________
Donald McKinlay, Vice Chairman 

Date minutes approved:
Date minutes sent to Library: