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

Date of Meeting:  May 28, 2008

I.	CALL MEETING TO ORDER

K.Ferreira called the meeting to order.

K.Ferreira explained the procedure for this meeting.

A.	Roll Call

Members Present:	Kenneth Ferreira, Chairman 
			Mike Martin, Vice Chairman
			David Sharkey
			Richard Secher
			Ticia Weare, Associate Member
Wilma Engerman, Associate Member
			John Cronan, BOS Liaison

Member Absent:	Mary Scarsciotti

II.	PRELIMINARY BUSINESS

A.	Signing of Decision.

The Board members proceeded to sign the decision sheet for Sandi Butler.

B.	CPA & Affordable Housing Partnership.

The CPC & Affordable Housing Partnership will hold a meeting on Thursday, May 29, 2008 @ 6:30 P.M. in the Town Hall cafeteria.  There will speakers from the MA Housing Partnership speaking of how CPA funding can assist in housing issues.  

III.	REQUEST FOR PLAN WAIVERS OR OTHER ADMINISTRATIVE ISSUES
(NONE)

NOTE:	The meeting proceeded w/ item VI.  Continued Hearings – A.  #35-08 – 3162-3166 Cranberry Highway – Calvin & Diane Carnes.

Present before the Board:	John Churchill, J.C. Engineering, Inc.
				Calvin Carnes
M. Martin recused himself from voting on this application.

Mr. Churchill updated the Board on the application.  He explained the waiver request for signs has been taken off the plans.  The grass paver space has been eliminated close to Lot #1.  Two additional spaces have been added to the southeast.  A fence has been provided from the grass paver parking area along the back of the property (along Cohasset Rd.).  There is no specific type of fence proposed, but the though is a 4 ft. stockade fence.  Arborvite planting will be done on the exterior of the fence which will be 4 ft. high.  The fence will go across from the existing building to the retail building toward the parking area.  Two paved parking spaces have been eliminated on Cohasset Rd.  A portion of the property has been blocked off to the existing building to prevent “turn arounds” by patrons.

Mr. Churchill noted that the abutter(s) have received the revised plan this evening.  He incorporated the Board’s comments into the plans.

Audience members were asked for questions or comments.

Present before the Board:	A woman

The woman stated at the last meeting, the Board made an assurance that there would be a clause to make sure there would be no adult related sales/videos, etc.  K. Ferreira explained this will be a condition that will be placed on the decision.

Present before the Board:	Donald Velozo, 22 Chocktaw Dr.

Mr. Velozo has reviewed the plans.  He feels it makes more sense for Cranberry Highway.  He endorses the plan.  K. Ferreira stated upon the filing of this decision, it will rescind the previous one.  He asked if Mr. Velozo will rescind his appeal of the former decision.  Mr. Velozo stated he will after the appeal period for this decision is made.  K. Ferreira stated abutters will receive a notice of when the decision is filed w/ the Town Clerk’s office & the 21 day appeal period commences at this point.  The decision doesn’t take effect unless it is recorded after this appeal period at the Registry of Deeds.

MOTION:	R. Secher moved to close the public hearing.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

MOTION:	R. Secher moved & D. Sharkey seconded to grant a Special Permit & approve the revised site plan for retail stores dated 6/27/07 w/ plan revisions made 5/28/08 for petition #35-08 – 3162-3166 Cranberry Highway – Calvin & Diane Carnes w/ the following conditions: 

•	Plans as presented will be substantially complied with.
•	At a minimum, the landscaping and fencing to separate the existing building from the new retail shops shall be installed during the initial construction process to provide a barrier.
•	All the landscaping proposed, fencing, & other appurtenances to building shall be completed prior to the issuance of an occupancy permit to any of the units.  
•	There shall be no external pylon signs.  
•	All signage shall be in compliance w/ the sign Bylaw & the Zoning Bylaws of the Town of Wareham & be located on the building identifying the retail uses on site.
•	None of the retail uses shall be considered adult bookstore or adult video rentals or other sales, specifically denied to minors, and nor shall any of the retail uses have any provision for adult sales w/in the establishment itself.
•	This Special Permit, upon its recording at the Registry of Deeds, shall make null & void any previous Special Permits issued for construction at this site. 
•	All other Town boards & commissions requirements be met & be made part of this Special Permit.

VOTE:  Unanimous (5-0-0)

IV.	PUBLIC HEARINGS

A.	#37-08 – 3067 Cranberry Highway – C.T.G. Properties, LLC, c/o Joseph M. Guard

Present before the Board:	Joseph Guard

The public hearing notice was read into the record.

Mr. Guard discussed the pictures he submitted relative to adding another container perpendicular to the building.  When business started in 1994, there were only a few products of motor oil, but w/ the increased supply, more space is needed in the back of the building to store the lubricant.  He would like to store it in the 20 ft. storage container.

K. Ferreira noted the existing container.  He asked if this was permitted originally.  Mr. Guard stated it was existing when he purchased the property in 2002.  He doesn’t know if it was permitted or not.  K. Ferreira asked if it would make more sense to add onto the building.  Mr. Guard stated the issue is cost & would require site plan review.  K. Ferreira isn’t sure adding on for storage where it doesn’t increase the amount of parking spaces needed would trigger site plan review.  Mr. Guard stated the Building Dept. said it would require site plan review if he built an addition.  Discussion ensued.

K. Ferreira read a letter into the record from the Onset Fire Dept.  The letter, in short, supports/approves the application.

Audience members had no questions or comments.
M. Martin questioned the legality of the existing container.  Brief discussion ensued.  K. Ferreira noted in the letter from the Onset Fire Dept., it references permit #3497.  M. Martin feels a lot of work has been done on this portion of Cranberry Highway to make it look more aesthetically pleasing.  He feels these containers would be a step backwards.  He would rather an addition be put on.

Mr. Guard discussed how the container(s) would be placed.  He offered to bring back another plan squaring the building off vs. going through the expense of a site plan.  Brief discussion ensued re:  turning the containers around.

K.Ferreira concurred w/ M. Martin re:  a steel storage box being a step backwards vs. a small addition.

D.Sharkey concurs w/ K. Ferreira & M. Martin.  He doesn’t feel oil storage capacity is been added.  All that is being proposed is the relocation of the capacity.  Mr. Guard discussed the storage container tanks for oil & where they are proposed to be placed.  If there were to be a fire, all the oil would be held w/in the steel containers.  

T. Weare feels the existing container looks fine, but the sketch shows the new container would be sticking out.  She also concurs that an addition would be more favorable.

W. Engerman feels there is room in the back of the building for storage.

Mr. Guard asked how the Board feels about squaring off the building.  It would be for storage only.  K. Ferreira feels this would be favorable.  Mr. Guard stated he is willing to do this.  Brief discussion ensued.  K. Ferreira read the applicability of site plan review into the record.  He doesn’t feel the storage building would trigger any new parking spaces, thus, the site plan review wouldn’t apply.

Brief discussion ensued re:  giving approval for the squaring off of the building, but requiring a plan be filed. Mr. Guard stated he would like to square off the building.

MOTION:	M. Martin moved to close the public hearing for petition #37-08 – 3067 Cranberry Highway – C.T.G. Properties, LLC, c/o Joseph M. Guard.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

MOTION:	M. Martin moved & R. Secher seconded to grant a Special Permit for a for petition #37-08 – 3067 Cranberry Highway – C.T.G. Properties, LLC, c/o Joseph M. Guard to expand the structure under section 1330 & 1332 of the Zoning Ordinance finding that the use will be compatible w/ the existing use, it will not be detrimental to the neighborhood, & it will conform w/ the other provisions of the Zoning Bylaw & will reduce the grade of non-conformity which now exists & further, to modify an existing Special Permit for automotive use to allow the squaring off of the building (27x19) for the purpose of storage w/ the following conditions:

•	Upon completion of the additional storage space, the steel storage unit on the west side will be removed from the property.
•	All construction installation must be in accordance w/ MA Building Code & any provisions required by the Fire Prevention Code & shall be approved & inspected by the Fire Chief of the Onset Fire District.
•	The squaring off of the building has been identified on Exhibit A dated 5/28/08 & initialed by the Chair to be on file.
•	A copy of the Building Permit plans identifying the method of construction & materials to be used necessary for said permit, an additional copy shall be filed by the Zoning Board of Appeals prior to the issuance of a building permit.
•	The Board finds since there will be no increase in the required number of parking spaces for the site, Article 15 of the Zoning Bylaws, Site Plan Review will not be required.

VOTE:  Unanimous (5-0-0)

V.	OPEN MEETING

A.	#36-06 – (HAC Docket #07-07) 809 -815 Main Street – “The Village at 815 Main Street”, c/o Cornerstone Properties of Wareham, Inc. & Freeman Davis & Stearns, LLC.

K. Ferreira read the open meeting notice into the record.

Present before the Board:	Attorney Peter Freeman
				Jane Gleason, Architect
				Steve Mason, Engineer
				Robert Fantoni
				Gary McCarthy

K. Ferreira indicated the Board of Health submitted a letter stating they would require plans be submitted for the siting, design, & construction of the on-site sewer treatment & disposal system.  He noted that these plans have been submitted & are currently under review.

K. Ferreira noted receiving correspondence today from Hancock Associates had been in contact w/ 815 Main St. representatives going back & forth on several items.  The e-mail he received indicates Hancock Associates has received most of the information requested & they don’t feel there is anything insurmountable relative to the requested changes.  The peer review seems to be going well.

K. Ferreira explained to the audience how this open meeting is different than a public hearing.    This open meeting is for the applicant to submit the final plans which was a condition of the project.  

K. Ferreira noted M. Scarsciotti is absent & T. Weare has become a member of the Board.  She attended many meetings & expressed concerns relative to the project.  She had questioned whether she could sit in on this open meeting & be part of a discussion as a Board member.  K. Ferreira has determined she can since she was not a party in any appeals or party of interest under the law.  Attorney Freeman stated he is comfortable with this as long as she does not express opposition to the project since it has been approved.

Attorney Freeman explained that plans were submitted.  One purpose of this meeting is to see if there are any concerns relative to said plans.  Brief discussion ensued re:  timeline for finishing this open meeting.

Attorney Freeman provided a copy of the comprehensive permit.  

The Board & representatives proceeded to review & discuss the plans which includes on-site septic, roadways, parking spaces, & stormwater management.  A representative explained that a Notice of Intent through Conservation does not have to be filed.  Attorney Freeman explained why an NOI does not need to be filed.  K. Ferreira noted copies of this plan have been distributed to all pertinent Town boards & agencies that were involved prior.

A representative stated that they have addressed many of the comments made by Hancock Associates, engineers for the Town.  Attorney Freeman explained how the review of these plans will proceed which will result in the final plans.  Brief discussion ensued.

K.Ferreira stated that M. Scarsciotti was concerned whether or not the units had become larger, more for the purposes of outside storage.  He asked if there are provisions for storage for tentants.  Ms. Gleason briefly described the units on site.  At the end of each of the townhouse buildings, there are sheds.  There is space in some of the sheds that are available for bicycle storage that would be shared by all tenants. These sheds are open, but covered.   Each of these townhouse units also have outdoor storage outside the back doors.  They are approx. 2 ft. deep & 4 ft. wide.

Attorney Freeman spoke re:  management.

K.Ferreira asked re:  the outdoor play area.  Ms. Gleason stated there is an enclosed playground area where there will be play equipment.  T. Weare stated it is nice to see fencing around the play area for safety.  She asked if the fencing goes around where the railroad tracks are.  She doesn’t see a 4 ft. stockade fence there.  One of the representatives stated it will be an 8 ft. chain link fence, but it is labeled a 6 ft. stockade.  He will change this on the plan.
K. Ferreira asked re:  the additional property w/ the house on it.  Mr. Fantoni stated this property is under agreement.  The proposal is for a future daycare center.  K. Ferreira stated this is not part of the comprehensive permit.  Attorney Freeman stated it is not part of the permit, but it would be under the same ownership.  K. Ferreira stated that for this proposal (daycare center), it would have to go through site plan review w/ the Planning Board.  One of the representatives stated the stormwater system was designed to handle future development of this property.

Discussion ensued re:  if the landscaping.  Ms. Gleason discussed the variety of plant material that will be utilized.  K. Ferreira expressed concern re:  use of plantings that are not natural to the area.  Ms. Gleason stated the plant material to be used are natural to the area.  Discussion ensued.

Discussion ensued re:  the units, specifically the low rise units & the general layout of units.  Ms. Gleason discussed the different types of townhouses, units & various facilities.  She discussed the square footage of the units.  The average is 800 sq. ft. for the smaller units.  The 3-bedroom townhouses are approx. 1,100- 1,200 sq. ft.  She noted the requirements for the Group 2 units (handicapped accessible).  She discussed the locations for mail.

Audience members were asked for questions or comments.

Present before the Board:	Bob Macintyre

Mr. Macintyre asked re:   minimum living space square footage.  K. Ferreira explained that in the initial hearings, the Town of Wareham has a minimum size unit which is 650 sq. ft.  The smallest units will be 800 sq. ft.  T. Weare noted that initially, the sq. footage was less.  Brief discussion ensued.  Mr. Macintyre asked ______________________.  Ms. Gleason will look into this.

Mr. Macintyre asked if there are any plans for fencing around the property the applicant will be buying during construction prior to or after construction.  Mr. Fantoni stated it will depend on the timing of any transaction.  

Present before the Board:	Ms. Laroche

Ms. Laroche asked which units are handicapped & entry ways into these units.  Ms. Gleason explained the entry ways & stated there will be an elevator in the building units.

T. Weare asked what the fire plan is for the handicapped unit.  Ms. Gleason stated it would be the same as it would be in any other building which she explained.

Present before the Board:	Jack Nolan, 19 Narrows Road

Mr. Nolan has a cottage for rent & had approx. 15-20 calls for a year round rental.  He feels this says something.  He has dealt w/ Cornerstone in the past & feels they are reputable & reliable.

K.Ferreira expressed what his biggest concern was re:  going w/ the lower number of units, even though more appropriate.

K.Ferreira asked how the process is being handled on the septic system design.  Attorney Freeman stated a representative, on behalf of the Board of Health is reviewing the plans.  There was a meeting w/ the representative to review said plans.

K.Ferreira asked re:  the anticipated construction.  Attorney Freeman explained there will be sequenced construction.  Brief discussion ensued re:  financing for the units & that there are five project based Section 8 units.

Brief discussion ensued re:  continuing the meeting to wrap up this open meeting (obtain final set of plans, sign offs, etc.).

MOTION:	M. Martin moved to continue the open meeting for petition #36-06 – (HAC Docket #07-07) 809 -815 Main Street – “The Village at 815 Main Street”, c/o Cornerstone Properties of Wareham, Inc. & Freeman Davis & Stearns, LLC to June 25, 2008 at 7:30 P.M.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

VI.	CONTINUED PUBLIC HEARINGS

A.	#35-08 – 3162-3166 Cranberry Highway – Calvin & Diane Carnes (DONE)

VII.	ADJOURNMENT

MOTION:	(I didn’t hear a motion to adjourn)

Attest:  _________________________
	Ken Ferreira, Chairman

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