TOWN OF WAREHAM
ZONING BOARD OF APPEALS
MEMORIAL TOWN HALL
54 Marion Road
Wareham, MA 02571

ZONING BOARD OF APPEALS MEETING MINUTES

Date of Meeting:  October 24, 2007

Members Present:
Ken Ferreira, Chairman
Michael Martin, Vice Chairman
Mary Scarsciotti, Clerk
David Sharkey
Richard Secher (Arrived at 7:45 P.M.)
Ticia Weare, Associate Member (Arrived at 8:00 P.M.)
Wilma Engerman, Associate Member

I.	CALL MEETING TO ORDER

K.Ferreira called the meeting to order.

K.Ferreira discussed the meeting’s procedure.

II.	PRELIMINARY BUSINESS

A.	Minutes to be approved:  10/10/07 & 10/10/07 Executive Session.

MOTION:	M. Martin moved to approve the Regular Session meeting minutes of 10/10/07 & the Executive Session meeting minutes of 10/10/07.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

B.	Minutes to be endorsed:  10/11/06, 10/25/06, 11/8/06, 11/29/06, 12/13/06, 1/10/07, 2/14/07, 5/23/07, 5/23/07 (Executive Session), 6/13/07, 8/8/07, 8/22/07, 9/12/07 & 9/26/07.

The Board proceeded to endorse the above minutes listed.

C.	#20-07 – Fee Increases – Clarification of vote of the Board.

M.Scarsciotti explained that clarification of the vote of the Board needs to be made due to it not being recorded on tape on 10/10/07.  K.Ferreira stated he will abstain from voting on this matter since he was not present on 10/10/07.  
MOTION:	D. Sharkey moved to approve the fee increases as published on 4/26/07 & 5/3/07 & as voted on 10/10/07.  M. Scarsciotti seconded.

VOTE:  (4-0-1)
K. Ferreira abstained

III.	REQUEST FOR PLAN WAIVERS OR OTHER ADMINISTRATIVE ISSUES

A.	#14-08 – 59 Oak Street – Plan Waiver. 

NOTE:	Not applicable.  Hearing scheduled for this evening.

B.	#15-08 – 17 Sunset Boulevard – Request to postpone public hearing until 11/14/07 due to an incomplete application.

MOTION:	D. Sharkey moved to continue the public hearing for petition #15-08 – 17 Sunset Boulevard – Anna Ulm to November 14, 2007.  M. Scarsciotti seconded.

VOTE:  Unanimous (5-0-0)

C.	#17-08 – 8 Medina Drive – Plan Waiver.

NOTE:	Not applicable.  Hearing scheduled for this evening.

IV.	PUBLIC HEARINGS

A.	#14-08 – 59 Oak Street – Judy Weatherby, c/o Howard Ladd.

Present before the Board:	Judy Weatherby

The public hearing notice was read into the record.

Ms. Weatherby stated she has an existing entry way to her home & has been in existence since 1922.  She would like to take this area & enclose it to make it part of her kitchen.  The area involved is approx. 6 sq. ft.  It will be part of the dining area of the kitchen.  A structural engineer has approved the existing foundation to support the enclosure.

Ms. Weatherby submitted the plot plan to the Board.  She stated the Assessors show this area as an entry way.  She had been before the Board before, but had to be postponed until notification in the newspaper & abutters was completed.  All the abutters have signed a letter that they are in favor of the project.  K.Ferriera read the names & addresses of the abutters that signed said letter in favor of the project into the record.

Audience members had no questions or comments.

MOTION:	R. Secher moved to close the public hearing for petition #14-08 – 59 Oak Street – Judy Weatherby.  M. Scarsciotti seconded.

VOTE:  Unanimous (5-0-0)

MOTION:	M. Scarsciotti moved & R. Secher seconded to approve a Special Permit for petition #14-08 – 59 Oak Street – Judy Weatherby w/ the following conditions:

•	Construct per plan submitted.

K.Ferriera noted that any further extensions or alterations would require the applicant to come back before the ZBA.

VOTE:  Unanimous (5-0-0)

B.	#15-08 – 17 Sunset Boulevard – Anna Ulm (Request to postpone until 11/14/07). (DONE)

C.	#16-08 – 15 Canedy Street – Diane Gustafson.

Present before the Board:	Diane Gustafson

The public hearing notice was read into the record.

Ms. Gustafson proposed to take down the existing structure & replace it w/ a two-story structure.  In doing so, she will have to bring it up to meet the 15 ft. flood zone.  She also needs to put on a set of stairs.  She is also present because the project doesn’t meet the requirement for the setback.  She has 14 ft. & the setback is 20 ft.  There were existing steps at one time.  She explained that her father is disabled & she may need a ramp.  K.Ferreira stated for ADA accessibility, the setback is not needed because a handicap ramps are exempt.  She doesn’t need the ramp at the moment.  She stated the front & the side doesn’t meet the setbacks.  Everything is staying in the same footprint.  Brief discussion ensued.

K.Ferreira noted the setback issues & when the second floor is put on, it increases the non-conformity.  He asked how tall the structure will be.  Ms. Gustafson stated she meets the requirements for the height of the structure.  K.Ferreira asked if Ms. Gustafson has gone before Conservation due to the proximity to wetlands.  Ms. Gustafson stated she has & an Order of Conditions was issued.

Ms. Gustafson submitted architectural plans for the project.  The Board members reviewed said plans.

M.Scarsciotti asked, because of FEMA requirements, why stairs aren’t automatically allowed regardless of setbacks.  Ms. Gustafson explained that there had been an existing set of stairs.
Audience members had no questions or comments & no letters expressing concerns either.  There are no comment on the project.

M.Martin discussed the denial letter from the Building Inspector re:  increasing the intensity of the non-conformity.  Ms. Gustafson stated due to the code, she has to go out 3 ft.  M. Martin clarified that the denial speaks to the second story, not the footprint.  Ms. Gustafson stated when she spoke to the Building Inspector, he addressed the stairs more than anything else.

K.Ferreira stated the Board needs to make a determination as to the particular structure specs. in which the existing structure does not conform to requirements which are the setbacks & that the project doesn’t substantially increase the non-conforming nature of the structure.  M.Martin would like Ms. Gustafson to address why she doesn’t think adding the second story isn’t an increase in the non-conforming nature of the structure.  Ms. Gustafson stated it is because she is staying in the same footprint.  It has no bearing on the corner of the area in any way.  There is plenty of parking.  No-one’s view is being blocked.  Discussion ensued re:  section 1322.  K. Ferreira spoke re:  the ZBA’s Bylaw (last section) & read into the record.  He feels the second floor does increase the non-conformity, but he feels this could be granted.  Discussion ensued.

K.Ferreira stated w/ re:  to the area this project will be in, the Town has decided to place sewer in this area & will open up the area for construction & re-construction.  He doesn’t feel this project would have passed if it were a septic system.

R.Secher clarified that just because a project will remain in the same footprint, it doesn’t make it o.k.  Brief discussion ensued. M. Scarsciotti feels this project meets the height requirements.  She also added that when a home is in the flood zone, you are required to move the house up 15 ft. & be able to have egress.  She doesn’t understand why the Bylaw would be accommodating to this.  Ms. Gustafson stated this is her hardship.

Discussion ensued re:  whether or not stairs count as a setback & open & closed staircases.

D.Sharkey doesn’t feel Ms. Gustafson adequately addressed M. Martin’s concerns.  He does understand M. Scarsciotti’s point relative to a flood zone & public safety.

MOTION:	R. Secher moved to close the public hearing for petition #16-08 – 15 Canedy Street – Diane Gustafson.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

MOTION:	R. Secher moved & D. Sharkey seconded to grant a Special Permit for petition #16-08 – 15 Canedy Street – Diane Gustafson w/ the following conditions:

•	Construction based on plan submitted entitled Plot Plan-15 Canedy Street – Revised through September 27, 2007.
•	An as-built plan shall be submitted to the Building Inspector w/ a copy for the Zoning Board of Appeals file.
•	All applicable boards & commissions rules & regulations be adhered to, including the Order of Conditions issued by the Conservation Commission & a copy to be provided for the ZBA records.
•	Applicant shall tie into municipal sewer during the course of re-construction.
•	Parking off street for two parking spaces as provided per plot plan.
•	Any deviation from the dimensions shown on the site plan & the architectural plans presented shall require modification of this Special Permit.

VOTE:  Unanimous (5-0-0)

Ms. Gustafson proceeded to sign the Board’s documentation re:  rights granted under the Special Permit.

D.	#17-08 – 8 Medina Drive – Ellen Nelson.

The public hearing notice was read into the record.

Present before the Board:	Ellen Nelson

Ms. Nelson stated she would like to put a partial second floor addition onto her small beach cottage.  She has plans approved by a structural engineer relative to the foundation.  She is proposing a 400 sq. ft. addition.  She described where the location of her house is & there is a 20 ft. setback from Shore Ave., but she doesn’t have the setback requirement on Medina Drive.  She noted there are a few two-story homes in the neighborhood.

Brief discussion ensued re:  the proposal & what exists presently.

T.Weare clarified that the setback issue is the porch, not the addition.  Ms. Nelson stated the porch will remain & be open.  T. Weare is confused about the denial letter.  She asked why the issue of the setback is being brought up since the addition is not effecting the setback.  The setback isn’t met currently.  K. Ferreira stated where the second floor will come up along the property, it will increase the non-conformity.

Audience members had no questions or comments nor are there letters in opposition or support.  K. Ferreira noted a letter from the Board of Health relative to municipal sewer.

M. Scarsciotti recused herself from this hearing since she sits w/ the applicant on a different Board.  T. Weare will sit in her place.

MOTION:	R. Secher moved to close the public hearing for petition #17-08 – 8 Medina Drive – Ellen Nelson.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

MOTION:	R. Secher moved & T. Weare seconded to grant a Special Permit for petition #17-08 – 8 Medina Drive – Ellen Nelson w/ the following conditions:

•	Addition to be built in accordance w/ the architectural plan & site plan submitted.
•	There will be no further alterations or extensions close to the property line.

Brief discussion ensued re:  similarities relative to this project & the one previously discussed.

VOTE:  Unanimous (5-0-0)

Ms. Nelson proceeded to sign the Board’s documentation re:  rights granted under the Special Permit.

V.	CONTINUED PUBLIC HEARINGS
(NONE)

NOTE:	M. Scarsciotti stated the legal documents that need to be signed deal w/ Comprehensive Permit for 815 Main Street.  She noted the members that need to sign it.  K. Ferreira clarified that this is the Board’s decision, but w/ revised language.  Discussion ensued.  M. Scarsciotti stated once this is signed by the Board, it will be ready to file w/ the Town Clerk.

The Board members proceeded to sign the documentation.

VI.	NEW BUSINESS/DISCUSSION

A.	Camper’s Headquarters – 3120 Cranberry Highway – Remand Hearing.

M. Scarsciotti wants to know what this is for.  She doesn’t feel this is a remand hearing.  K. Ferreira stated that Ilana Quirk, Town Counsel indicated to him that the Superior Court said the Board was supposed to hold a hearing.  The Board has not held a meeting timely enough & Camper’s Headquarters did not provide the fees & plans.  M. Scarsciotti feels Camper’s Headquarters engineers did not do what they were supposed to do.  K. Ferreira feels a hearing should be held.  Brief discussion ensued re:  when to hold this hearing.

The Board concurred to hold a hearing for Camper’s Headquarters on November 28, 2007, forward a copy of the October 10, 2007 Hancock letter to Camper’s Headquarters, & to notify Ilana Quirk of the date.

B.	November Meetings – November 14, 2007 & November 28, 2007

The Board concurred w/ the November meeting dates.

C.	December Meetings – December 12.

Discussion ensued re:  holding a meeting on December 26, 2007.  The Board concurred not to.

MOTION:	A motion was made & seconded to not hold a meeting on December 26, 2007.  

VOTE:  Unanimous (5-0-0)

VII.	ADJOURNMENT

MOTION:	R. Secher moved to adjourn the meeting.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

Attest:  _________________________
	Mary Scarsciotti, Clerk

Date minutes approved:  _____________________
Date copy sent to Town Clerk:  ____________________