ZONING BOARD OF APPEALS
Wareham Town Hall, Lower Level Cafeteria
54 Marion Road
Wareham, Massachusetts 02571

Date of Meeting:  May 14, 2008

I.	CALL MEETING TO ORDER

M. Martin called the meeting to order.

A.	Roll Call

Members Present:	Kenneth Ferreira, Chairman (Arrived at 8:15 P.M.)
			Mike Martin, Vice Chairman
			Mary Scarsciotti, Clerk
			David Sharkey
			Richard Secher
			Ticia Weare, Associate Member
Wilma Engerman, Associate Member
			John Cronan, BOS Liaison

NOTE:	The meeting proceeded w/ item V.  Continued Hearings.

B.	#31-08 - 2786 – 2788 Cranberry Highway – R.B. Machine Co. – c/o Scott Burr

M. Martin noted the letter from the applicant’s attorney, Robert Perry, dated 5/13/08.  The letter advises the Board that his client has some personal issues & is requesting a continuance of this hearing to 6/11/08.

MOTION:	R. Secher moved to continue the public hearing for petition #31-08 – 2786 Cranberry Highway – R.B. Machine Co. – c/o Scott Burr to June 11, 2008.  M. Scarsciotti seconded.

VOTE:  Unanimous (5-0-0)

NOTE:	The meeting proceeded w/ item IV.  Public Hearings.

A.	#36-08 – 2 Burfield Drive – Sandi Butler

M. Scarsciotti read a letter from Ms. Butler into the record.  The letter requests the application be withdrawn w/out prejudice.

MOTION:	R. Secher moved to withdraw petition #36-08 – 2 Burfield Drive – Sandi Butler w/out prejudice.  D. Sharkey seconded.
VOTE:  Unanimous (5-0-0)

II.	PRELIMINARY BUSINESS

A.	Minutes to be approved:  April 9, 2008 (Regular & Executive Session) & April 23, 2008 (Regular & Executive Session)

MOTION:	D. Sharkey moved to approve the Regular Session & Executive Session meeting minutes of April 9, 2008.  R. Secher seconded.

VOTE:  Unanimous (5-0-0)

MOTION:	R. Secher moved to approve the Regular Session & Executive Session meeting minutes of April 23, 2008.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

III.	REQUEST FOR PLAN WAIVERS OR OTHER ADMINISTRATIVE ISSUES

Present before the Board:	John Cronan, BOS liaison

Mr. Cronan asked re:  the lawsuit relative to the Oakdale 40B.  He received Attorney Witten’s motion.  He forwarded it to the Selectmen.  There was a split decision because they did not have all the facts as to what they were intervening on.  

Mr. Cronan stated this is a ZBA matter.  It has nothing to do w/ the Selectmen.  Attorney Witten is working for the ZBA.  When Attorney Witten asked the Selectmen & the Town to be a part of it, the Selectmen needed to have the motion in front of them for review.  If the ZBA has voted on filing the motion,  the attorney should be doing that now.  The way the permit was issued, it came from the ZBA & it was ratified by the Selectmen &/or the Administrator.

Mr. Cronan asked if the case w/ South Shore Housing is proceeding.  M. Scarsciotti stated it is.

IV.	PUBLIC HEARINGS

A.	#36-08 – 2 Burfield Drive – Sandi Butler (DONE)

V.	CONTINUED HEARINGS

A.	#21-08 – 8 Tyler Avenue – c/o Charles L. Rowley

This hearing will be taken up later in the meeting when K. Ferreira arrives.
B.	#31-08 – 2786 – 2788 Cranberry Highway – R.B. Machine Co. – c/o Scott Burr (DONE)

C.	#33-08 -3 Charge Pond Road – YMCA South Coast – c/o Keith Estes, Facility Director

Present before the Board:	Keith Estes
				Jane Gleason	

M. Martin clarified that at the last meeting, the Board had asked the applicant to revisit a few issues.  One was the physical dimensions of the sign & to verify the placement of the sign as to its ability to be placed at the proposed location.  He has noted there are orange stakes placed where the proposed location is.  The other question is who owns the property where the sign will be placed.

Ms. Gleason noted they have spoken to A.D. Makepeace who has indicated they are amendable to a tree being removed from their parcel for the placement of the sign.  They have also spoken to an abutter who is also amendable to having trees removed from his property.  The sign will not be placed on publicly owned property.  There is a license to place the sign.

Ms. Gleason submitted information re:  the revised sign layout.  Mr. Gifford, Municipal Maintenance Director has given his approval of the sign design although details are still being worked on, such as speaking to someone from the Little League.  She submitted photographs depicting views of the proposed sign placement from a car coming in various directions.  M. Scarsciotti asked how far back the sign will be from the existing Town of Wareham sign.  Ms. Gleason discussed & noted it is further from Charge Pond Rd. 

M. Martin asked if the applicant would be amiable to leaving a tree up until the sign is up so a judgment could be made.  Ms. Gleason stated this could be done.  M. Martin feels Ms. Gleason has done a nice job in addressing the concerns of the Board.

Audience members were asked for questions or comments.

Present before the Board:	John Cronan

Mr. Cronan feels the existing Municipal Maintenance sign is a hindrance when pulling out of Charge Pond Road.  He doesn’t feel the 2x6 clearance underneath the sign is adequate.  The sign is only 8 ft. tall.  

Ms. Gleason clarified that Rte. 28 & how it bends once you reach the rise.  There is a clearer site line to the outside edge of Rte. 28.  She feels the visibility will be better than what exists & it will be further away from Charge Pond Rd.

Mr. Cronan doesn’t have a problem w/ the style of the sign.  He wants to make sure the driving visibility isn’t obstructed by the new sign.  Discussion ensued.

T. Weare suggested keeping the dimensions the same & adding another foot underneath.  She also has concerns re:  pulling out of Charge Pond Rd. w/ the existing sign.  Brief discussion ensued re:  if by adding another foot would alleviate the problems.  T. Weare likes the new sign design.

D.Sharkey likes the sign design as well, but he still feels it is too far out to the edge of the road.

M. Scarsciotti asked re:  a board/fence piece in the layout.  Mr. Estes explained it is a pressure treated 1x6 that has a green plastic box on it.  M. Martin feels this should be checked as to what it is.  It is possibly a telephone box.  Brief discussion ensued.

Mr. Cronan asked what the setback of the sign will be.  M. Martin believes it can go to 20 ft.  Ms. Gleason doesn’t feel the sign will utilize 20 ft. M. Martin stated the Building Inspector noted that the applicant would need a Variance for the 20 ft. setback.  He explained that this proposed sign is a replacement of an existing sign.  Thus, the proposal is reducing the non-conformity vs. creating a new non-conformity.  Ms. Gleason noted that three non-conforming signs are being replaced w/ one sign.

MOTION:	R. Secher moved to close the public hearing for petition #33-08 – 3 Charge Pond Road – YMCA South Coast.  T. Weare seconded.

VOTE:  Unanimous (5-0-0)

MOTION:	T. Weare moved & M. Scarsciotti seconded to approve a Variance for petition #33-08 – 3 Charge Pond Road – YMCA South Coast w/ the following conditions:

•	Removal of tree shall commence only after the sign is erected & tree is shown to be a disruption of the sign.
•	If it is determined that the second tree needs to be taken down, the applicant shall go before the Board to obtain permission.
•	Per design & plan submitted.
•	No sign lights.

Brief discussion ensued re:  pruning.  The Board explained the 21-day appeal period to the applicant.

VOTE:  (4-0-1)
D.	Sharkey opposed

NOTE:	A recess was taken at this time.  K. Ferreira arrived at this time.

NOTE:	The meeting proceeded w/ item A.  #21-08 – 8 Tyler Avenue – c/o Charles L. Rowley.

Present before the Board:	Charles L. Rowley, Charles Rowley & Associates

K.Ferreira noted that the report has been submitted by the Town Engineer, Hancock Associates.  Most of the issues seem minor.

Mr. Rowley noted minor issues Hancock Associates cited which has now been incorporated into the plan.    There are some issues cited he is not sure the Board would want to have incorporated into the plan or not, for example, incorporating the full table of dimensional regulations added to the plan.  K. Ferreira stated the Board will be approving as per the plans, thus, the dimensions are as shown.  The whole matter is a Variance.  The dimensional regulations & the setbacks will be per the plan, thus, a non-issue.

Mr. Rowley spoke re:  issue #11.  It states it cannot exceed the number of dwelling units that would be allowed for a conventional single family _________development.  This is the crux of the whole project.  

Mr. Rowley continued to discuss other issues cited that will be incorporated into the plan.  A note was placed on the plan for issue #14 that states the landscape plan will be adjusted for the location of drywells.

Mr. Rowley discussed the maintenance & management of the rain garden.  This matter is still before Conservation.  K. Ferreira feels this would be a Conservation matter.

Mr. Rowley discussed some issues that don’t apply, such as intersecting streets.  He noted that item #20 dealing w/ a section of the Bylaw (763.2) was amended at a Town Meeting that didn’t require a 50x100 minimum landscaped open space area.  Brief discussion ensued.

Mr. Rowley discussed the issue brought forth re:  a mounding analysis.  A mounding analysis is now required for all systems greater than 2,000 gallons per day regardless of if there is a 4 ft. or 5 ft. separation for the high ground water.  This analysis is extensive.  K. Ferreira noted that the Board doesn’t have any jurisdiction over a Title V installation.  He would prefer a condition be put into the decision stating any conditions required by the Board of Health shall be incorporated by reference into the Special Permit.  Discussion ensued.

Mr. Rowley continued to discuss issues that will be addressed, such as the location of the dumpster, three spaces that back out onto Tyler Ave., & maintenance office.  K. Ferreira stated this project does not require a maintenance office.  Discussion ensued re:  an alarm system & if it is tied into any Town departments.  K. Ferreira suggested this be looked into.

Mr. Rowley & the Board proceeded to review the building & floor plans.   Mr. Rowley stated that 40 ft. is the maximum height for this district.

D.Sharkey asked how the procedure goes from this point relative to Hancock Associates comments.  K. Ferriera explained that Mr. Rowley will make the recommended changes to the plans.  The Board would close the hearing & make a condition on the decision stating that a final approval letter would be needed from Hancock Associates that the recommended changes were made.  Without this letter, the Special Permit wouldn’t take effect.  This would not include any items the Board feels is not an issue, such as backing out onto Tyler Ave. 

T. Weare asked if the information from Hancock Associates should be forwarded to the BOH & Conservation.  K. Ferreira stated it will be.  

Mr. Rowley asked re:  the issues in which the applicant & the Board are in agreement to.  K.Ferreira asked that Mr. Rowley, in his letter/e-mail back to Hancock Associates, submit a copy to him so that he can attest to the agreements.

Brief discussion ensued re:  laundry facilities.

M. Scarsciotti asked what timeframe there is for marketing these units.  Mr. Stroscio explained how he plans to proceed.  

K.Ferreira discussed the work to be done on Tyler Ave.  He asked Mr. Rowley to come up w/ some ways to condition this work.  Mr. Rowley stated these details haven’t been discussed as of yet.  He suggested allowing Mr. Stroscio to get going w/ the first three units & then after this phase, look at the next phase & the road work.  He feels a phasing process would be best.  Discussion ensued re:  what language to contain in this condition & if a bond should be required.  The Board concurred w/ the language that states once the fourth unit is under construction, the Tyler Ave. road work needs to commence & no occupancy permit for the fourth unit will be given until the road work has finished satisfactorily.

K.Ferreira stated that the latest plan set should be referenced & state that the revisions shall be incorporated based on the Hancock Associates letter & the date of the revision plans shall be the final construction plans.

M. Scarsciotti would like a condition that states all condo documentation needs to be reviewed by the Board prior to being recorded at the Registry of Deeds.  Discussion ensued.

Discussion ensued re:  what information will need to be provided relative to surfacing, landscaping, curbing, etc.

MOTION:	M. Martin moved to close the public hearing for petition #21-08 – 8 Tyler Avenue – Carmen Stroscio.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

MOTION:	M. Martin moved to approve a Variance for petition #21-08 – 8 Tyler Avenue – Carmen Stroscio pursuant to section 824.3 of the Zoning Regulations allowing the density of ten (10) units finding that the applicant established a compelling legal argument for an eight (8) lot conventional development & the development would be without substantial deference to the public good or the degradation on the intent or purpose of the Bylaw & further, the denial of the application would result in a hardship to the applicant, financial or otherwise, given that the soil classification is unique to the locus & not the general zone in which it is located.  R. Secher seconded.

VOTE:  Unanimous (5-0-0)

MOTION:	R. Secher moved & D. Sharkey seconded to grant a Special Permit for Site Plan Review for petition #21-08 – 8 Tyler Avenue – Carmen Stroscio w/ the following conditions:

•	Applicant’s engineer shall revise the plan to incorporate the changes identified in the Hancock Associates review letter dated May 13, 2008 w/ the exception of the items which have been agreed upon or addressed by the Board.
•	A final letter from Hancock Associates indicating they have received said revised plans shall be submitted to the ZBA prior to the Special Permit taking effect.
•	Two copies of the final revised plans shall be provided to the ZBA simultaneously w/ those submitted to Hancock Associates.
•	Any items w/ re:  to the installation of on-site water mains & services, shall be addressed by the Wareham Water Dept.  Any conditions of the Wareham Water Dept. shall be incorporated by reference.
•	Any conditions imposed by the Wareham Board of Health shall be made part of this Special Permit & incorporated by reference.
•	The applicant has the responsibility of obtaining an Order of Conditions from the Wareham Conservation Commission under the State Wetlands Protection Act & the local Wareham Wetland Bylaw & any conditions mandated by the Conservation Commission shall also be incorporated into this Special Permit by reference.
•	Relative to the upgrading of Tyler Avenue as identified by the plan set submitted, this shall commence upon the applicant applying for a fourth building permit & must be completed to the satisfaction of the Director of Municipal Maintenance prior to the issuance of an occupancy permit for said fourth unit.
•	A final as-built plan shall be submitted to the ZBA & simultaneously w/ a review by the ZBA held as an open meeting w/ attendance by the applicant & the applicant’s engineer to demonstrate that all the conditions, including landscaping, striping, parking, drainage, dumpsters, & upgrade of Tyler Avenue have been completed prior to the issuance of an occupancy permit for the tenth (last) unit on the project.
•	The master deed, condo documents, & the rules & regulations shall be submitted to the Board for review & any necessary comments before they are recorded at the Registry of Deeds.  
•	Applicant must allow a minimum of thirty (30) days for the ZBA to review said documents & incorporate any changes deemed necessary.
•	There will be a limit of two bedrooms & any added areas, family rooms, or office areas are not to be used as bedrooms.

VOTE:  Unanimous (5-0-0)

K. Ferreira instructed the secretary to submit a copy of the final review comments from Hancock Associates to the Conservation Commission & the Board of Health.

Brief discussion ensued re:  fees submitted by the applicant for the Town engineer review fees.

E.	#35-08 – 3162 – 3166 Cranberry Highway – Calvin & Diane Carnes

Present before the Board:	John Churchill, J.C. Engineering, Inc.
				Calvin Carnes

The public hearing notice was read into the record.

Mr. Churchill explained that an application was submitted approx. one year ago.  A Special Permit was issued for a motel use – an eight unit motel.  The abutters appealed this decision & is currently in Superior Court.  

Mr. Churchill is present to submit a new application proposing to construct a retail office vs. a motel use.  He discussed parking spaces & grass pavers which equates to a pervious surface for parking.  This is the only change other than the use change (motel use to retail use).  There will be 22 parking spaces.  Five new spaces will be created on Cohassett Rd. & regular paved spaces will be behind the existing two-bedroom second floor commercial building.  Discussion ensued re:  spaces dedicated to the retail spaces vs. the existing building.  Mr. Churchill feels the spaces will be more towards the existing building.  There will be 11 out front plus one handicap space & the new five spaces out back.  This equals 17 spaces for the retail establishment.  

Mr. Churchill discussed the proposed retail area & units.  The lot is non-conforming.  All the requirements are met to obtain a Special Permit.  He noted several requirements that are met under the Special Permit.  He discussed the pervious surfaces that will cover the area as well as parking.

K.Ferreira asked if the previous application for this property went before Hancock Associates for review.  Mr. Churchill stated it was.  Drainage calculations were submitted & signed off on.  

Discussion ensued re:  access ways, parking spaces, & the residential units on the property.  Discussion ensued re:  if there will be full basements.  Mr. Churchill stated half will have basements the other half will have crawlspaces.  Mr. Carnes stated the crawlspaces will have exterior access only & the basements will have interior & exterior access. 

Mr. Churchill stated the units will be two-story.  The second story will be for storage for the retail part of the project.  Brief discussion ensued re:  access to the second story, restroom facilities, & handicapped restroom facility mandates.  K. Ferreira feels that handicapped restrooms are required for employees.  The Board is not waiving or suggesting any building codes be waived.  He believes the handicapped restroom(s) need to be on the first floor.  Mr. Carnes stated the restroom(s) will be located on the first floor.

Audience members were asked for questions or comments.

Present before the Board:	Mr. Velozo, Choctaw Drive

Mr. Velozo explained there is a case pending in Superior Court.  He asked how the Board can issue a Special Permit for this application w/ the case pending.  K. Ferriera explained that the Board could issue a Special Permit for this application.  This permit would be conditioned upon the withdrawal of the first Special Permit issued.  There cannot be two Special Permits.

Mr. Velozo asked re:  parking.  There are three spaces in question.  He noted that these three spaces were not allowed previously & were for the upstairs apartment.  He feels there should be a fence between the buildings to stop people from using these spaces.

Mr. Velozo asked re:  the apartment.  There are technically two apartments on the property.  He feels the Building Inspector overstepped his ground by issuing an occupancy permit on the second floor when there is an existing apartment w/ plumbing.  The first apartment wasn’t demolished & there is an occupancy permit for the other.  The first cottage they wanted to knock down has not been knocked down yet.  He would like the Board to stipulate as a condition that the second floor apartment is the only apartment.    He understands adult bookstores are not allowed.  He asked the Board put this as a condition as well due to the children living in the area.  He is concerned if this zoning restriction was changed.  That is why he would like it as a condition.  Brief discussion ensued.  K. Ferreira explained that all towns have to establish adult zones.  He spoke re:  what the definition of adult use includes.  He wouldn’t have a problem adding this as a condition.

K. Ferreira explained that the new permit will supersede the other permit which will go away.  He feels Mr. Velozo should withdraw the appeal of the first Special Permit & close this issue out.  K. Ferreira discussed the application & approval process.

Present before the Board:	Stacey Shumer, 23 Glasso Rd.

Ms. Shumer feels a retail space is better than a motel.  She expressed concern re:  the parking spaces that will not be for customers, but for employees.  This will effect her driveway & she already has problems coming out of her driveway.  She discussed the area in question.  There is no room for five parking spaces.  K. Ferreira stated the last two spaces provide depth for a car.  He stated the three full size spaces will be designated for the apartment.  Ms. Shumer discussed the parking situation currently & how at times the car is on Cohasset St.  Brief discussion ensued.  T. Weare revisited the other abutters  idea of installing a fence.

Again, Ms. Shumer expressed concern re:  the existing parking issue w/ the people currently living there.  K. Ferreira explained what is being proposed & how the Board can condition the parking spaces.  Brief discussion again ensued re:  fencing.

K.Ferreira reviewed the conditions placed on the last application.  Ms. Shumer is concerned re:  people utilizing Cohasset Rd. to pull in & out.  Hers is the only driveway to enter & exit from.  To add parking spaces there, they will be pulling in & out right across her driveway, even if they will be for employees.  Discussion ensued re:  moving two spaces over.  T. Weare stated these spaces will not be utilized by customers coming in & out all day.  They will be for employees.  K. Ferreira noted that grass pavers will be utilized.

Ms. Shumer expressed concern re:  the existing drainage problem on the lot.  Discussion ensued re:  the grade of the lot.  He suggested Ms. Shumer speak to Municipal Maintenance re:  issues w/ the two drain basins.  He knows that the grades are draining backwards onto the site.  No water from the site is to escape from this property.  This was reviewed by Hancock Associates.  He doesn’t feel the project will exacerbate the problem.

Present before the Board:	Adrienne Dulhome

Ms. Dulhome is in favor of a retail space vs. a motel.  She has young children in this area.  She asked the Board to do whatever they can to prevent customers from going out back where the residential neighborhood is.  K. Ferreira feels a fence would help this from happening.  Brief discussion again ensued re:  the drainage basins & that the Municipal Maintenance Dept. should be notified to clean them.

Ms. Dulhome spoke re:  the adult use issue.  She noted that a short distance up on Cranberry Highway, there is an adult movie store.  It is not in an industrial park.  K. Ferreira feels this may have been grandfathered.  A condition will be placed on this application that there should be nothing of that nature at this site.
K. Ferreira suggested Mr. Churchill make changes to the plan as discussed this evening.  Discussion ensued re:  the proposed changes.

K.Ferreira asked re:  the request for a waiver for a sign.  Mr. Churchill explained he will take this off the table.  The sign will go on the building.

K.Ferreira asked if the proposed reconstruction of Cranberry Highway will effect any of the landscaping at this site.  He asked if there is any proposed taking of this property.  Mr. Churchill is unaware of any taking, but he will look into it.

MOTION:	R. Secher moved to continue the public hearing for petition #35-08 – 3162-3166 Cranberry Highway – Calvin & Diane Carnes to May 28, 2008.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

VI.	NEW BUSINESS/DISCUSSION

A.	815 Main Street Plans

Discussion ensued re:  815 Main St.  T. Weare asked why the daycare center is still being shown on the plan.  K. Ferreira stated this is not part of the Special Permit & it doesn’t apply to the funding.  It is a separate lot & the applicant would have to come back before the Board for review, although it is an allowed use in this district.

K. Ferreira asked that the ZBA secretary send an e-mail to all departments who received copies of the plans & request they respond w/ their comments in advance of the public meeting scheduled for 5/28/08.

VII.	ADJOURNMENT

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

VOTE:  Unanimous (5-0-0)

Attest:  _________________________
	Mary Scarsciotti, Clerk
	ZONING BOARD OF APPEALS

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