MINUTES OF MEETING OF WAREHAM ZONING BOARD OF APPEALS

Date of Meeting:  October 28, 2009

I.	CALL MEETING TO ORDER

The meeting was called to order at 6:50 P.M.

II.	ROLL CALL

Members Present:	Ken Ferreira, Chairman (Arrived at 7:45 P.M.)
			Mike Martin, Vice Chairman
			Mary Scarsciotti, Clerk
			Richard Secher
			David Sharkey (Arrived at 7:15 P.M.)
			Wilma Engerman, Associate Member

III.	PRELIMINARY BUSINESS

A.	Discussion:  Set meeting dates for month of December.

Discussion ensued.  The Board concurred to meet on December 9th & to hold no meeting on December 23rd.

IV.	REQUEST FOR PLAN WAIVERS OR OTHER ADMINISTRATIVE ISSUES

A.	Chapter 91 Waterways Application.

Brief discussion ensued.  The Board concurred that this is not for the ZBA to sign.

V.	PUBLIC HEARINGS

A.	#032-09 – 12 Grove Street – Brenda & Steven Kawa, c/o Lockwood Architects.

The public hearing notice was read into the record.

Mr. Lockwood proceeded to discuss the proposal to create a laundry room addition to the dwelling.  Discussion ensued re:  if this proposal meets the Zoning Bylaws, Article 13, Sec. 1335, numbers 1-6.

MOTION:	A motion was made & seconded to grant a Special Permit for petition #032-09 – 12 Grove Street – Brenda & Steven Kawa per plan submitted dated September 5, 2009 & that said proposal meets the Wareham Zoning Bylaws, Article 13, Section 1335, numbers 1-6.
VOTE:  Unanimous (5-0-0)

B.	#033-09 – 3052 Cranberry Highway – Pimental Realty LLC, c/o Charles L. Rowley & Associates.

The public hearing notice was read into the record.

Mr. Rowley proceeded to discuss the project which involves the construction of a new parking area & access facilities for the Dunkin Donuts building located at 3052 Cranberry Highway.

Discussion ensued re:  if a Variance is required.

Discussion ensued re:  a landscape buffer & paved walkways.

MOTION:	A motion was made & seconded that a Variance is not required for petition #033-09 – 3052 Cranberry Highway – Pimental Realty LLC because the project is moving towards conformity.

VOTE:  Unanimous (5-0-0)

MOTION:	A motion was made & seconded to grant Site Plan approval per plan submitted dated July 8, 2009 for petition #033-09 -3052 Cranberry Highway – Pimental Realty LLC w/ the following conditions:

•	Inclusion of an 8’ landscape buffer on the east boundary to facilitate traffic circulation around the abutter’s building.
•	Add a paved walkway between the lots.

VOTE:  Unanimous (5-0-0)

C.	#034-09 – 259 Onset Avenue – Friends of the Wareham Free Library, c/o G.A.F. Engineering, Inc.

The public hearing notice was read into the record.

The G.A.F. representative discussed the proposal to amend a Variance issued February 20, 2006 for petition #004-06 based on a proposal to allow deviation from parking standards.  Discussion ensued.

Discussion ensued re:  a handicapped parking space & the site plan submitted.

MOTION:	A motion was made & seconded to grant a Variance for petition #034-09 – Friends of the Wareham Free Library – 259 Onset Avenue  to allow deviation from parking standards & further w/ the following conditions:

•	The applicant must seek approval for one (1) handicapped parking space along the frontage of the parcel.
•	Add conditions #1, #3, & #5 from prior approved Variance #004-06.
•	Approve the Site Plan submitted dated October 1, 2009.

VOTE:  Unanimous (5-0-0)

VI.	CONTINUED PUBLIC HEARINGS

A.	#47-08 – Bartlett Pond Village

Applicant has requested a continuance.  Discussion ensued.

MOTION:	A motion was made and seconded to deny the request for a ninth continuance for petition #47-08 – Bartlett Pond Village.

VOTE:  Unanimous (5-0-0)

MOTION:	A motion was made & seconded to close the public hearing for petition #47-08 – Bartlett Pond Village.

VOTE:  Unanimous (5-0-0)

Attorney Jon Witten will write the denial decision.  No further funds are to be spent for review of this project by Hancock Associates or Dick Heaton.  The Board requested a final invoice from these two entities.

B.	#26-09 – Carlton Place (40B)

Discussion ensued re:  violations of the permit issued.

MOTION:	A motion was made & seconded to close the public hearing for petition #26-09 – Carlton Place.

VOTE:  Unanimous (5-0-0)

The Board concurred to request additional information from Attorney Jon Witten re:  violations of this permit.

C.	#27-09 – Cromesett Landing (40B)

Discussion ensued re:  enforcing compliance w/ conditions of the Comprehensive Permit #24-03.

MOTION:	A motion was made or seconded to close the public hearing for petition #27-09 – Cromesett Landing.

VOTE:  Unanimous (5-0-0)

Attorney Jon Witten will write a letter to demand compliance w/ conditions of the Comprehensive Permit issued for petition #24-03.

VII.	NEW BUSINESS/DISCUSSION

A.	Bartlett Pond – 53G account

Discussion ensued re:  payment to Dick Heaton.

MOTION:	A motion was made & seconded to authorize payment from the Bartlett Pond 53G account to pay Dick Heaton.

VOTE:  Unanimous (5-0-0)

VIII.	ADJOURNMENT

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

VOTE:  Unanimous (5-0-0)

Attest:  ______________________________
	Mary Scarsciotti, Clerk
	WAREHAM BOARD OF APPEALS

Date signed:  _________________________
Date copy sent to Town Clerk:  _______________________