MINUTES OF MEETING OF WAREHAM ZONING BOARD OF APPEALS

Date of Meeting:  December 9, 2009

I.	CALL MEETING TO ORDER

The meeting was called to order at 6:30 P.M.

II.	ROLL CALL

Members Present:	Ken Ferreira, Chairman
			Mary Scarsciotti, Clerk
			David Sharkey
			Richard Secher
			Wilma Engerman, Associate Member

Member Absent:	Mike Martin

Also Present:		Ilana Quirk, Town Counsel

III.	PRELIMINARY BUSINESS

A.	Signature needed/requested from CDM re:  Chapter 91 Waterways Application – Agawam Beach & Mayflower Ridge Sewer Projects.

The Board proceeded to sign said document.

B.	Signature needed re:  documents for Union Pond.

The Board proceeded to sign said documents.

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

V.	PUBLIC HEARINGS

A.	#132-05 & #07-06 – Point Independence Yacht Club Remand

The public hearing notice was read into the record.

Brief discussion ensued re:  the case history.

MOTION:	A motion was made & seconded to approve the settlement agreement as advertised re:  Point Independence Yacht Club (petition #132-05 & #07-06).

VOTE:  Unanimous (5-0-0)

B.	#035-09 – Terry Smith – Sandwich Road

The public hearing notice was read into the record.

Brief discussion ensued re:  the 2008 ZBA decision for this applicant.

MOTION:	A motion was made & seconded to continue the public hearing for petition #035-09 – Terry Smith – Sandwich Road to January 13, 2010.

VOTE:  Unanimous (5-0-0)

C.	#036-09 – John & Jacquelyn Burroughs – 2 Priscilla Avenue

The public hearing notice was read into the record.

Present before the Board:	J.C. Engineering, Inc. representative

The Board proceeded to review the plans submitted.  The intent of the application is to demolish an existing non-conforming dwelling & build a new one.

Discussion ensued re:  the proposed deck/garage & not having it be remodeled into a living space.

MOTION:	A motion was made & seconded to grant a Special Permit for petition #036-09 – John & Jacquelyn Burroughs – 2 Priscilla Avenue to demolish an existing non-conforming dwelling & build a new one w/ the following conditions:

•	To be built per plans dated 10/27/09.
•	Must meet all requirements of all pertinent boards and commissions.
•	Area under deck/garage is not be enclosed or converted, renovated, or remodeled into the living area.
•	Any substantial deviation requires a modification of this permit.

VOTE:  Unanimous (5-0-0)

VI.	CONTINUED PUBLIC HEARINGS

A.	#30-09 – Dale Mitchell – 7 John Street

Present before the Board:	Dale Mitchell

The intent of the petition is to construct a deck addition.

Discussion ensued re:  conditions.

MOTION:	A motion was made & seconded to grant a Special Permit for petition #30-09 – Dale Mitchell – 7 John Street to construct a deck addition w/ the following conditions:

•	To be built per plan marked Exhibit A dated 12/9/09.
•	The 18x15 deck to be built 4’ back from corner of house.
•	All requirements of all pertinent boards and commissions must be met.
•	Any deviation from plans submitted requires a modification of this permit.

VOTE:  Unanimous (5-0-0)

VII.	BUSINESS/DISCUSSION

A.	40B Issues.

Discussion ensued re:  outstanding 40B issues.

VIII.	ADJOURNMENT

MOTION:	A motion was made & seconded to adjourn the meeting at 10:00 P.M.

VOTE:  Unanimous (5-0-0)

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

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