MINUTES OF MEETING OF WAREHAM ZONING BOARD OF APPEALS

Date of Meeting:  January 28, 2009

I.	CALL MEETING TO ORDER

The meeting was called to order.

II.	ROLL CALL

Members Present:	Michael Martin, Chairman Pro Tem
			Mary Scarsciotti, Clerk
			David Sharkey
			Richard Secher
			Ticia Weare, Associate Member
			Wilma Engerman, Associate Member

Member Absent:	Kenneth Ferreira
			
III.	PRELIMINARY BUSINESS

A.	Approval of Minutes:  None
B.	Vote to dismiss litigation re:  Velozo vs. Carnes.

MOTION:	R. Secher moved that the Board of Appeals authorize Town Counsel to agree to a voluntary dismissal of litigation by the plaintiff in litigation known as Velozo vs. Carnes at Zoning Board of Appeals Plymouth Superior Court CA#plcb2006-01223.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

IV.	REQUEST FOR PLAN WAIVERS OR OTHER ADMINISTRATIVE ISSUES

NOTE:	The meeting proceeded w/ item VI.  B. #003-09 – 2701 Cranberry Highway – Manuel & Faith DiMiranda.

The applicant has requested a continuance to February 11, 2009.  Brief discussion ensued.

MOTION:	R. Secher moved to continue the public hearing for petition #003-09 – 2701 Cranberry Highway – Manuel & Faith DiMiranda to February 11, 2009.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

V.	PUBLIC HEARINGS

A.	#004-09 – 361 Main Street – Ryan Correia

Present before the Board:	Ryan Correia

The public hearing notice was read into the record.

M. Martin announced that the members present will be voting on this case.  There are no alternate members.

M. Martin read the Building Inspector’s denial letter into the record.

Mr. Correia noted the site plan submitted to the Board.  The Board reviewed said plan.  

Discussion ensued re:  the use regulation noted in the denial letter & how it affects this property.  It was determined to be considered for a Special Permit for a 5+ family dwelling in an existing structure.

Mr. Correia discussed the proposal for the property.  It is proposed to rehab the building which will consist of a commercial unit & two residential units on the first floor & five additional units on the second & third floor.  The project has been approved by DHCD & the CEDA Board w/ a $500,000 deferred loan for five affordable units.  The Selectmen have approved the financing & signed the contract on approval by the ZBA.  The State has also approved the project as well as the Historical Society.  He stated he does not have copies of these approval letters.  M. Scarsciotti asked Mr. Correia to submit these approval letters for the file.  Mr. Correia explained the procedure relative to the contract.

Mr. Correia explained he is applying for seven units in which five will be affordable.  There will be two three-bedrooms, two two-bedrooms, two one-bedrooms, & one commercial which equals seven units.  M. Scarsciotti asked if any of this is in writing.  Mr. Correia stated this is all in the contract.  He also noted that Karen Hamilton in the Community & Economic Development Dept. has the contract, approval by the Selectmen, agreement w/ the State, etc.  M. Scarsciotti would like to have all this information included in the file.  M. Martin reiterated what documentation Mr. Correia needs to supply the Board.

M. Martin explained that Mr. Correia has the burden of convincing the Board that he meets the standard that granting a Special Permit.

MOTION:	D. Sharkey moved to continue petition #004-09 – 361 Main Street – Ryan Correia to February 25, 2009.  M. Scarsciotti seconded.

VOTE:  Unanimous (5-0-0)

VI.	CONTINUED PUBLIC HEARINGS

A.	#52-08 – 4 Pleasant Street – Joseph & Donna DiPersio

Present before the Board:	Joseph DiPersio
				Donna DiPersio

Mr. DiPersio submitted a plot plan.  Discussion ensued re:  the project which will turn a deck into a room.

Audience members had no questions or comments.

MOTION:	R. Secher moved to close the public hearing for petition #52-08 – 4 Pleasant Street – Joseph & Donna DiPersio.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

MOTION:	M. Scarsciotti moved to grant a Special Permit for petition #52-08 – Joseph & Donna DiPersio in accordance w/ section 1334 & 1335 of the Wareham Zoning Bylaws & per plan submitted on January 28, 2009 dated November 18, 2008.  D. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

B.	#003-09 – 2701 Cranberry Highway – Manuel & Faith DiMiranda (DONE)

VII.	ADJOURNMENT

MOTION:	A motion was made & seconded to adjourn the meeting.

VOTE:  Unanimous (5-0-0)

Attest:  ___________________________
            Mary Scarsciotti, Clerk
	WAREHAM ZONING BOARD OF APPEALS

Date signed:  ______________________
Date copy sent to Town Clerk:  ___________________