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

Date of Meeting:  July 23, 2008

I.	CALL MEETING TO ORDER

The meeting was called to order.

II.	ROLL CALL

Members Present:	Kenneth Ferreira, Chairman
			Mary Scarsciotti, Clerk
			David Sharkey
			Richard Secher
			Wilma Engerman, Associate Member
John Cronan, BOS Liaison (Arrived at _________)

Member Absent:	Mike Martin, Vice Chairman
			Ticia Weare, Associate Member

Also Present:		Ted Misiasek, Building Inspector
			Dick Heaton, ZBA Consultant

K.Ferreira explained the meeting procedure.

III.	PRELIMINARY BUSINESS

A.	Request to continue:  Petition #31-08 – R.B. Machine Co., Scott Burr – 2786 & 2788 Cranberry Highway.

K.Ferreira read letter from Attorney Perry representing R.B. Machine Co. dated July 21, 2008 into the record.  In short the letter requests a continuance to the second meeting date in August, either August 20th or August 27th.

K.Ferreira received a phone call from Attorney Robert Troy representing Garden Homes Mobile Home Park.  He is unavailable on August 27th.  Thus, the next convenient available date would be September 10th.

K.Ferreira understands this is the first continuance.

Present before the Board:	Jeff Callahan, Garden Homes Estates

Mr. Callahan stated this is not the first continuance.  It is at least the second.  He noted that the Board requested Attorney Perry give abutter’s copies of correspondence.  This has not been done, nor has he returned phone calls from Attorney Troy.  He noted the correspondence being asked for.  One is the waiver of time limits & the request for continuance letter.  He doesn’t believe Attorney Troy has received said correspondence.  K. Ferreira will make sure the Board’s secretary informs Attorney Perry of the requirement to keep Attorney Troy current on all correspondence.  The Board hasn’t received any substantial correspondence re:  the cast.

Mr. Callahan also stated that the plans to be resubmitted by Attorney Perry has not been done either.  K. Ferreira explained that Attorney Perry was going to speak to the Building Inspector to see if there was an option for a Special Permit vs. a Variance.  Mr. Misiasek stated he has not seen or spoken w/ the applicant or Attorney Perry.

K. Ferreira had told Attorney Troy that the Board usually grants one late emergency continuance.  If it becomes routine, the project may be denied w/out prejudice.  The Board will grant this one continuance & Attorney Perry will be informed about keeping Attorney Troy informed.

MOTION:	D. Sharkey moved to continue the public hearing for petition #31-08 – R.B. Machine Co., Scott Burr – 2786 & 2788 Cranberry Highway September 10, 2008.  R. Secher seconded.

VOTE:  Unanimous (4-0-0)

B.	Minutes to be approved:  May 28, 2008 & June 25, 2008 (June 11, 2008 was not handled).

MOTION:	R. Secher moved to approve the meeting minutes of May 28, 2008.  D. Sharkey seconded.

VOTE:  Unanimous (4-0-0)

MOTION:	R. Secher moved to approve the meeting minutes of June 25, 2008.  D. Sharkey seconded.

VOTE:  Unanimous (4-0-0)

IV.	REQUEST FOR PLAN WAIVERS OR OTHER ADMINISTRATIVE ISSUES

A.	Extension of time:  Petition #26-07 – William Scott – 205 Onset Avenue.

K. Ferreira read letter from Attorney Wolverton requesting an extension of time relative to a Variance recorded on 8/2/07.  The letter also noted the grounds for the extension as being adverse market conditions have impeded Mr. Scott’s ability to market or complete construction of the units w/in the one year period.

K. Ferreira noted that the problem is, the Variance can only be extended for six months.  The applicant is asking for a one- year extension.  He noted regulations of Chapter 40A  only allows for a six-month extension.  Brief discussion ensued re:  how to proceed.

MOTION:	R. Secher moved to approve a six-month extension for the Variance issued to petition #26-07 – William Scott – 205 Onset Avenue w/ an expiration date of February 2, 2009.  D. Sharkey seconded.

VOTE:  Unanimous (4-0-0)

B.	Correspondence received from Daley & Witten, LLC dated 7/17/08.

K. Ferreira noted that correspondence indicates Attorney Witten has intervened in the lawsuit between South Shore Housing vs. Tony McNealy on the Town’s behalf.

C.	Anchorage Drive.

K. Ferreira noted Attorney Perry has appealed the Board’s denial for Anchorage Drive in Land Court.

D.	Roby Street.

K. Ferreira noted correspondence was received from Attorney Ilana Quirk, Town Counsel relative to the Roby St. matter.  He noted what has transpired.  Land Court decided that the property was not grandfathered & not subject to the statute.  Attorney Quirk needs a motion from the Board that if this is appealed further, she would appear again on behalf of the Town, but take no active interest & spend no further money on defending an appeal.  K. Ferreira stated he had recused himself from this case, although, he received a letter from the Ethics Commission that there was no conflict of interest.

MOTION:	D. Sharkey moved to have Attorney Quirk stay current on the Roby St. matter, enter an appearance for the Town, but spend no money on a defense.  R. Secher seconded.

VOTE:  (3-0-1)
K. Ferreira abstained

NOTE:	The meeting proceeded w/ item VI.  Continued Public Hearings – B.  #40-08 & #149-05 – 73 Leonard Street – Wareham Boatyard & Marina, c/o Don Dugan.

The applicant has asked for a continuance.

MOTION:	A motion was made & seconded to continue the public hearing for #40-08 & #149-05 – 73 Leonard Street – Wareham Boatyard & Marina, c/o Don Dugan to August 13, 2008.  

VOTE:  Unanimous (4-0-0)

V.	PUBLIC HEARINGS

A.	#42-08 – 2196 Cranberry Highway – 7-Eleven, Inc.

The public hearing notice was read into the record.

Present before the Board:	Alan Sipes, Representative for 7-Eleven, Inc.

Mr. Sipes is present to represent 7-Eleven, Inc. to process the application for the installation of a diesel pump at their site on the corner of Rte. 58 & Cranberry Highway.  The installation is being requested due to customer demand.  He spoke re:  plan submitted w/ adequate circulation on site & egress of vehicles seeking diesel fuel.  7-Eleven, Inc. is seeking this application to remain competitive w/ the market.  There are three stations w/in 1 ½ miles of this location that provide diesel fuel.

K. Ferreira stated the issue is circulation.  A site plan was installed in accordance w/ the plans submitted approx. 10 years ago.  He asked how will the new installation maintain sufficient parking.  Mr. Sipes stated the parking circulation is included w/ the plan.  K. Ferreira expressed concern re:  non-gasoline customers.  Currently, there isn’t any convenient parking near the door except handicapped parking.  This causes people to pull out & pull over in non-parking spaces.  The spaces (8) that are far away will be taken away completely w/ the new plan.  This will result in people parking next to the courthouse & walk approx. 100 ft. to the front door of the store.  He questioned if the store is only interested in catering to gas customers.  It is a convenience store as well.  He asked if there was a better place to put the diesel pump.  Mr. Sipes stated there is an alternate location proposed & discussed where it would be.  It could be a one-sided pump for trucks coming in from Rte. 58 coming along the frontage of the site & departing on Rte. 28.

K. Ferreira asked if a license has been obtained to install the diesel tanks from the Selectmen.  Mr. Sipes stated this will come after the recommendation from Planning.

Present before the Board:	John Cronan

K. Ferreira asked if the Selectmen made a policy stating that all licenses given by Selectmen have to be granted first before applying for other permits.  Mr. Cronan stated this is true.  This application came before the Selectmen & was denied a permit until they went to Planning/Zoning because of the conditions on site.  The applicant did appear before Planning, but understands they did not appeased their requirements.  The Selectmen are still awaiting action by Planning/Zoning.

K. Ferreira read a letter dated 1/16/08 from Selectmen relative to this issue.

K. Ferreira asked if this particular plan has been submitted to the Planning Board & if recommendations have been received.  Mr. Sipes stated the ZBA is the first step in the process.  K. Ferreira stated the ZBA is the board that will grant either an amendment to the Special Permit or not.  As part of the site plan review process, the applicant needs to allow the Planning Board an opportunity to review the plans & make a recommendation before the ZBA makes their decision.  An open meeting w/ the Planning Board needs to be scheduled to review the plans & make recommendations.

K. Ferreira expressed concern re:  installing pumps in the middle of the site.  There will be two parking spaces on the Rte. 58 side, but people coming in from the Rte. 28 side will have to park along the extreme right hand edge next to the courthouse & walk to the store.  He feels the proposed layout will cause people to park haphazardly wherever they feel like it in the striped “no parking” areas.  Mr. Sipes stated the “no parking” signs were part of the original 1995 layout.  He asked if he could address the opportunity to park out in those areas.  There could be an enhancement of this “no parking” area to provide correct & adequate parking which may address some of the concerns.  K. Ferreira stated Mr. Sipes can propose any modification to the Board to vote on.  

K. Ferreira stated on the proposed plan, there are two pump dispensers for diesel.  He asked Mr. Sipes then why he stated if a one-way was put in coming from Rte. 58, there would be only one pump dispenser.  Mr. Sipes stated this is correct.

K. Ferreira asked why a kiosk couldn’t be set up so the outside pump island has a diesel pump built into the gas pump as other stations do.  Mr. Sipes feels it is better to keep the two types of vehicles separate.  If doing it the way Mr. Ferreira suggests, it would force a mixture of vehicles of the tight confines of the kiosk canopy.

R. Secher spoke re:  the proposal to allow parking in the “no parking” area.  He feels that if a large truck were at the diesel pump, there wouldn’t be enough room for cars to park & get around the truck.  Mr. Sipes stated this is correct.  He explained that the original plan submitted cut into the existing buffer/no parking area to accommodate the required widths of the parallel parking, thus doing away w/ some of the landscaping.

R. Secher asked what type of traffic will be coming in to utilize the diesel pump.  Mr. Sipes stated currently performing a traffic study.  It is felt that the circulation pattern can be accommodated.  There will be tractor trailers on the site & that is the rationale as to why a separate kiosk would be needed.  Brief discussion ensued re:  accommodating parking.

Mr. Misiasek understands the area where this store is was changed from Strip Commercial to Commercial General.  The zoning changed to no more fueling stations which makes this lot non-conforming.  Discussion ensued.

K. Ferreira asked what is transpiring on the County Rd. side of the building recently.  Mr. Sipes stated this is where the trench drains.  The work was to re-activate the drainage system on site previously.
M. Scarsciotti asked re:  the traffic flow plan.  Mr. Sipes discussed the circulation pattern.  M. Scarsciotti stated that there is a large propane tank on site that is not shown on the plan.  Mr. Sipes stated it is on the Rte. 58 side.  M. Scarsciotti asked what the required setback from the front is.  Mr. Sipes explained that the limit of the setback is on the Cranberry Highway side.  The current curb line represents the required setback line.  M. Scarsciotti doesn’t like the idea of people walking all through this.  She asked for information on the anticipated volume of vehicles coming in & out.

Brief discussion ensued re:  how many propane tanks are on site & parking issues.  

Discussion ensued re:  Board concerns w/ the proposed traffic pattern & tractor trailer trucks utilizing this traffic pattern.  K. Ferreira discussed the unusually shaped site & concerns re:  tractor trailers pulling out onto Rte. 58 & pulling into the lot.  He feels the plan needs to be revised so that it shows a safe traffic circulation.  Mr. Sipes again discussed options to the traffic pattern/circulation.

Audience members were asked for questions or comments.

Present before the Board:	Mr. St. Germaine, Abutter

The gentleman asked to see the plan.  K. Ferreira noted that the plan will be changing.  Mr. St. Germaine examined the plans & expressed some concerns re:  parking of tractor trailers on the street.  K. Ferreira stated that 7-Eleven can’t control the trucks parking on the highway, but he understands the concerns.  Signage may be needed to stop this.  The police may need to be involved to enforce this.

Present before the Board:	John Cronan

Mr. Cronan stated the original conditions said that the driveway behind the building was for deliveries.  This will now be the exit way & changes the original set of conditions.  Also, if parking will now be allowed in the “no parking” area, then he feels all the original conditions should change.

Brief discussion ensued re:  the loading zone.  Mr. Sipes feels the approval of a Variance will amend any original conditions.  A loading area will be provided that meets standards.

MOTION:	D. Sharkey moved to continue the public hearing for petition #42-08 – 2196 Cranberry Highway – 7-Eleven, Inc. to September 24, 2008.  R. Secher seconded.

VOTE:  Unanimous (4-0-0)

B.	#43-08 – 2880 Cranberry Highway – Union Pond Limited Partnership, c/o The Gatehouse Group.

K. Ferreira explained the petition was filed on June 27, 2008.  A hearing must be opened w/in 30 days of this filing.  The Board has engaged Richard Heaton of H&A Associates to assist in reviewing the application.

Present before the Board:	Richard Heaton

Mr. Heaton explained he reviewed the application.  According to new DHCD regulations (2/08).  After review, he feels the application is substantially complete.  The Board has the right to ask for additional information.  He tested the application against the Board’s rules & regulations & for the most part, most of the information is provided.  There are a few open issues that need to be addressed.  He recommended the Board open the hearing based on the facts that the application is substantially complete.

The public hearing notice was read into the record.

K. Ferreira declared the public hearing open.  He spoke re:  an absent member, Mike Martin & an absent Associate member, Ticia Weare.

Present before the Board:	Jim Koningisor, The Gatehouse Group
				Brian McMillan, VP The Gatehouse Group
				Paul Wilson, Attorney
				Bob Carter, HW Moore Assoc. Civil Engineering
				Marquis Major, VMY Vitols Architects

K. Ferreira explained there are five members present w/ one member absent.  He discussed the Mullin Rule.  He asked for the applicants to agree to allow him to appoint M. Martin & T. Weare as members of the Board for the purposes of this hearing.  Brief discussion ensued.  M. Martin would be the regular member & T. Weare would be the Associate member.  They would listen to the tapes of this meeting.  Mr. Koningisor doesn’t have a problem w/ these members, but he would like to see a copy of Mullin Rule.  K. Ferreira stated this can be provided.

K. Ferreira explained when this application came in, he contacted Mr. Heaton & indicated the Board wanted his assistance.  Mr. Heaton submitted a proposal that he would conduct the work, awaiting being formally hired by the full Board when they met.  A motion is needed to retain Mr. Heaton.

MOTION:	R. Secher moved to retain Richard Heaton of H&H Associates as the ZBA Coordinator for the purposes of this particular hearing retroactively to when Mr. Heaton began assisting in the review of the application since July 1, 2008.  D. Sharkey seconded.

VOTE:  Unanimous (4-0-0)

K. Ferreira explained that he has contacted the Acting Town Administrator & the Selectmen Chair have given permission to hire outside legal counsel as Special Town Counsel/Municipal Counsel for purposes of this specific case who will be Attorney Jon Witten of Daley & Witten.

MOTION:	D. Sharkey moved to retain Attorney Jon Witten of Daley & Witten as the ZBA’s Special Town Counsel for this application.  R. Secher seconded.

VOTE:  Unanimous (4-0-0)

MOTION:	D. Sharkey moved to amend the above motion by adding that it be made retroactive to July 1, 2008.  R. Secher seconded.

VOTE:  Unanimous (4-0-0)

K. Ferreira noted that engineering counsel needs to be hired.  A proposal has been received from Hancock Associates.  Hancock Associates has done most of the reviews for the Town, w/ the exception of the sanitary sewer, wastewater treatment plant, etc.  The Selectmen have always utilized Camp, Dresser, & McKee for this.  He understands CDM has done work for The Gatehouse Group in the passed.  

Mr. Koningisor stated CDM is not currently working w/them.  He has no problem w/ the Town utilizing CDM, he just wanted to make it known about their past relationship.  

Mr. Cronan stated the consensus of the Selectmen is if the ZBA needs sewer review, CDM will be doing it.  The BOS Chairman reported to the Selectmen that the ZBA stated they would handle the sewer issue on this matter which has not been the practice in the past.  K. Ferreira stated there was a discussion re:  how the sewer issue would be handled under the 40B umbrella.  He had indicated to the BOS Chair that due to the complexities of the sewer treatment plant & related issues, Hancock is capable of reviewing sewer matters, but they don’t know the complexities of the sewer plant.  He suggested CDM.  The BOS Chair was going to direct the Acting Administrator to have CDM submit a proposal today.  It hasn’t been received.

K. Ferreira noted that Hancock’s proposal is broken down into four to five phases.  One deals w/ sewer.  He feels it would be duplicated work to have Hancock do sewer work as well as CDM.

MOTION:	R. Secher moved to retain Hancock Associates to conduct the engineering peer review for all items w/ the exception of the sewer design & recommendations dealing w/ sanitary sewer in which a formal proposal for sewer review will be sought by utilizing Camp, Dresser, & McKee.  D. Sharkey seconded.

VOTE:  Unanimous (4-0-0)

Mr. Heaton discussed a schedule of meetings that has been posted w/ the intent to complete the hearing process w/in 180 days.  Brief discussion ensued.

K. Ferreira received an e-mail from David Simmons, WPCF Superintendent relative to comments on the project.  Mr. Koningisor met w/ Mr. Simmons a month ago.  K. Ferreira noted that Mr. Simmons’ comments noted that the pump station would have to be upgraded.  If the project will be discharging through gravity sewer line that flows from the Dick’s Pond pump station which flows to the Depot St. pump station, then both pump stations would have to be upgraded at the applicant’s expense.    A copy of the e-mail was given to the applicant.

The future meeting schedule was agreed to by both parties.  

NOTE:	The meeting proceeded w/ a report from the Affordable Housing Committee relative to the project.

Present before the Board:	Anthony Scarsciotti, Affordable Housing Committee Chair

Mr. Scarsciotti explained that the Housing Partnership met w/ The Gatehouse group on July 21, 2008 to discuss their proposed project.  They reviewed the plans in its preliminary form as it will be presented to the ZBA.  Discussion was based on the 14-point criteria set up to review 40B projects.  Discussion was held relative to location, affordability, Boston MSA issues, & project management.  They did not review traffic, conservation, or sewer issues.  According to the Town’s housing plan, rental units  are needed.  The Housing Partnership believes this is a good project & worthy of consideration.  The vote of the Housing Partnership was 4-0-1 in favor of the project.  The Housing Partnership has been in contact w/ DHCD to review the status of the Town’s housing production plan as defined by 760CMR56.032B & 760CMR56.034M.  The Housing Partnership believe that w/ the approval of the Cornerstone project, the Town may be in compliance w/ the approved production plan.  However, it will take approx. one month or so to resolve this w/ DHCD.  Therefore, it is suggested that the ZBA exercise its rights under regulation 760CMR568 & advise the applicant w/in 15 days of opening the hearing, that a denial of the permit or the imposition of conditions or requirements would be consistent w/ Safe Harbor.  This is intended to preserve the Town’s right while the Cornerstone project implications are researched.  The Housing Partnership believes this is an opportunity to enhance the Town’s ability to get the highest quality project which meets the Town’s needs & does not imply they would not deny any worthy project presented to the Town.

K. Ferreira explained that the way the process is set up, the Town has to be on guard to ensure that it does everything w/in the strict time limits or projects are constructively granted or the time limit is lost.

Mr. Koningisor stated they do understand the discussions w/ DHCD relative to the housing plan.  

MOTION:	R. Secher moved to request Mr. Heaton and/or Attorney Witten draft a letter to the applicant advising them that the Board feels in accordance w/ 760CMR56.03, the Town may be in compliance w/ its production plan of affordable housing units & therefore, have safe-harbor status.  D. Sharkey seconded.

VOTE:  Unanimous (4-0-0)

K. Ferreira noted proposals that have been turned in for ZBA coordination, engineering peer review, legal, & estimate for CDM.  The applicant has paid a significant deposit for peer review.  The Board has had an opportunity to look at the proposals that have been sent in.  He asked if the applicant feels these quotes are fair, reasonable estimates for peer review of this project.  Mr. Koningisor stated they are satisfied w/ the proposals.  Mr. Heaton noted that some of the details need to be worked on, quotes need to be refined, & the CDM issue needs to be clarified.  The intent is to come back in September w/ a better picture.

K. Ferreira just wants to make sure there is money to pay for the reviews which should be paid by the applicant.  The applicant indicated in an e-mail that after the September 10th hearing, they would be willing to fund additional deposits to keep the 53G account positive.

K. Ferreira noted the new DHCD regulations & the Town’s comprehensive rules & regulations adopted on 2/8/06 relative to payment of legal fees to be reviewed on behalf of the Town.  Initially, the applicant indicated that legal fees did not have to be paid under the new regulations.  Attorney Witten disagreed & has indicated that the new DHCD rules relates to appeals before the Housing Appeals Committee & not procedure before the Board of Appeals.  Mr. Heaton suggested Attorney Witten & Mr. Wilson meet between now & the 24th & go through all of these issues.  At that point, a report should be submitted to the Board on all the issues, including legal.  Discussion ensued.  

K. Ferreira stated that this Board has no problem w/ any correspondence & discussions going on between each side.  Any discussions that need to be done do not have to come through the Chair first.  All he asks is that all written correspondence be copied for the file.

Mr. Koningisor proceeded to give an introduction of The Gatehouse Group, what they do & an overview of the proposed project which consists of 144 units as well as the need in Town for such housing.  The proposed rents for the 60% units would be $965 for a one-bedroom, $1,158.00 for a two-bedroom, & $1,338 for a three-bedroom.

K. Ferreira asked if the applicant can provide documentation that the residents of their units in other communities are primarily 75%-80% community residents or are they filled up w/ people not from the community.  The Board wants to make sure that the housing is available for its Town residents & maybe for long-term.  Mr. Koningisor doesn’t have statistics this evening, but he will submit statistical data.

Mr. Koningisor discussed the proposed property location & the area surrounding it as well as topography, such as wetlands & the flood plain.  He noted that they have contacted the Natural Heritage & Endangered Species Program & reviewed the site w/ them.  As a result, the program issued a letter stating that the proposed development would not result in ________________endangered species or habitat.  K. Ferreira asked how this letter was obtained before filing for a Notice of Intent.  Mr. Koningisor stated they met w/ the program informally.  K. Ferreira stated that the Conservation Agent, David Pichette has indicated that a NOI has not yet been filed.  Natural Heritage needs to have 30 days to review the NOI.  Mr. Koningisor noted that it was just an informal meeting w/ the program & they will go through the formal process w/ the program once the NOI is filed.

Mr. Koningisor discussed the number, size, layout, & amenities of units for the project as well as management & maintenance operations.  He discussed parking & landscaping.  Brief discussion ensued re:  parking.

Mr. Koningisor stated depending on State funding, the intent is to build the project in phases.  He discussed what will be done in each phase.

K. Ferreira submitted letters from Dave Pichette, Conservation Agent & the Wareham Water Dept. to Mr. Koningisor.

Mr. Koningisor explained that they plan to connect to the Town’s sewer system.  They understand the concerns re:  sewer capacity & the reserve capacity for commercial/industrial growth.  The current availability will be studied.  They are prepared to discuss implementing or funding a mitigation program to offset partially, the additional flow from their project.  This program may entail replacing standard water fixtures in municipal buildings, schools, commercial buildings, & even single family homes w/ water saving devices.  This was done for a project they had in Raynham.  They are willing to work w/ Town officials on the possibility of this type of program.

K. Ferreira asked if the group ever considered putting in an on-site treatment plant which would eliminate the sewer issue & move this project along more quickly.  Mr. Koningisor stated it was considered briefly, but it was determined the site was not large enough to accommodate the amount of units for the kind of development that would be appropriate for the Town.

Mr. Koningisor discussed proposed flow into the system as well as the utilization of water saving devices/fixtures.  K. Ferreira stated that the group will need to meet w/ the Board of Sewer Commissioners to discuss the flow numbers being presented.  The group should begin scheduling meetings w/ the Sewer Commissioners.

K. Ferreira the other major issue other than sewer, is traffic that will need to be discussed.

Mr. Cronan asked if the housing data being compiled from the Housing Partnership comes back in the positive, would the Town be able to hold off on 40B projects for two years.  Mr. Heaton stated it would be two years.  The Housing Partnership is in the process of verifying this.  Mr. Cronan stated the Selectmen haven’t heard from the Partnership yet.
Mr. Koningisor discussed traffic issues.  They will be submitting a traffic impact study.  K. Ferreira discussed existing traffic issues on Depot St. & how this project will impact the existing issues.

Mr. Koningisor briefly noted other site improvements, such as site lighting.

Mr. Koningisor noted waivers being requested.  He broke them down into categories.

Audience members were asked for questions or comments.

Present before the Board:	Jack Conroy

Mr. Conroy stated he submitted a letter to the Board.  K. Ferreira stated Mr. Conroy delivered a letter to the Board for Donald H. Angus, Esq.  He read the letter into the record.  (Attached as reference).  Mr. Koningisor discussed the issue w/ Old County Rd.

Present before the Board:	Mr. Tatlow

Mr. Tatlow noted when the Town approved Home Depot, there was a stipulation that the right of way to his (Whose?) property would go through Home Depot.

Present before the Board:	Carmen Stroscio

Mr. Stroscio asked re:  the connection to the sewer line & the denial he received for his sewer connection request.  K. Ferreira stated this hasn’t been approved yet & due to the 40B law, the sewer issue needs to be dealt w/ differently.  The Board didn’t deny Mr. Stroscio his request to connect to the sewer, the Sewer Commissioners did.  Brief discussion ensued.

Present before the Board:	Mark ____________

Mr. ___________lives on Old County Rd. (HIS COMMENTS WERE INAUDIBLE).

Mr. Koningisor discussed __________________. (HIS COMMENTS WERE INAUDIBLE)

K. Ferreira expressed concern re:  the proposed mitigation & sewer issues.

Brief discussion ensued re:  transcription of meetings & tape copies of these meetings.

MOTION:	R. Secher moved to continue the public hearing for petition #43-08 – 2880 Cranberry Highway – Union Pond Limited Partnership, c/o The Gatehouse Group to September 10, 2008.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

VI.	CONTINUED PUBLIC HEARINGS

A.	#31-08 – 2786 & 2788 Cranberry Highway – R.B. Machine – Scott Burr (DONE)

B.	#40-08 & #149-05 – 73 Leonard Street – Wareham Boatyard & Marina, c/o Don Dugan. (DONE)

VII.	NEW BUSINESS/DISCUSSION
(NONE)

VIII.	ADJOURNMENT

**There was no motion to adjourn.

Attest:  _________________________
	Mary Scarsciotti, Clerk

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