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

Date of Meeting:  June 24, 2009

I.	CALL MEETING TO ORDER

K. Ferreira called the meeting to order at 7:35 p.m.

II.	ROLL CALL

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

K. Ferreira explained the meeting procedure for this meeting.

III.	PRELIMINARY BUSINESS
		      (NONE)

IV.	REQUEST FOR PLAN WAIVERS OR OTHER ADMINISTRATIVE ISSUES

A.  53G Accounts.

MOTION:	A motion was made & seconded to authorize the release of funds from the 53G account to pay the bill from H & H Associates relative to consulting on the Bartlett Pond project in the amount of $1,619.00. 

VOTE:  Unanimous (5-0-0)

NOTE:  Chairman Ferreira requested he be provided with a running total of all 53G accounts that relate to the ZBA.

B.  ZBA Meeting Times.

A lengthy discussion ensued re:  the hours of the meeting (starting and ending times) with suggestions offered by the members. 

MOTION:	A motion was made & seconded that commencing July 22, 2009 start times for regular all hearings posted for the Zoning Board of Appeals will be at 6:30 P.M & further, an announcement will be made at the beginning of each meeting that, unless voted to extend the time, the Zoning Board of Appeals meeting will end at 10:30 P.M. 

VOTE:  Unanimous (5-0-0)

C.  Reorganization of the Zoning Board of Appeals. 

MOTION:	A motion was made & seconded to nominate Kenneth Ferreira as Chairman.

VOTE:  (4-0-1)
K. Ferreira abstained

MOTION:	A motion was made & seconded to nominate Michael Martin as Vice-Chairman.

VOTE:  (4-0-1)
M. Martin abstained

MOTION:	A motion was made & seconded to nominate Mary Scarsciotti as Clerk.

VOTE:  (4-0-1)
M. Scarsciotti abstained
 
V.	PUBLIC HEARINGS

A.	#18-09 – Lisa Bindas – Appeal of Building Inspector’s opinion rendered 1/6/09 re: 290 Glen Charlie Road – Maple Park Properties (continued from April 22, 2009 per request of the applicant)

Chairman Ferreira stated a letter was received from the applicant requesting a continuance to July 22, 2009.  He stated an official extension form needs to be sent to the applicant extending the time period for the opening the meeting.   Correspondence was received from Ilana Quirk addressed a letter from an attorney indicating the Board should not hear the matter because a similar case was previously heard.   Attorney Quirk’s comment is the attorney should make his concerns known at the meeting and since the case was accepted and advertised, the hearing should be open.  In addition the applicant has requested several continuances.  A critical concern is obtaining the proper written extension of the deadline of the ZBA to make a decision to prevent a constructive grant of an appeal.  

Chairman Ferreira also cited M.G. L. 40A, Section 15, Paragraph 4 which states the Board must make a decision within 100 days of the filing and the Board must file its decision with the Town Clerk within 14 days of the 100 days; unless there is a written extension agreement between the Board and the applicant.  If there is no such written agreement, then the 100 days expires without the Board making its decision.  The applicant shall have the right to notify the Town Clerk that the 100 days had expired and claim a constructive grant.  
  
MOTION:	A motion was made & seconded to grant the request for continuance of petition #018-09 – Lisa Bindas to August 12, 2009 pending receipt of a signed extension form to extend the opening of the hearing.

VOTE:  Unanimous (5-0-0)

VI.	CONTINUED PUBLIC HEARINGS
		      (NONE)

VII.	NEW BUSINESS/DISCUSSION

A.	Old Business

1.	South Shore Housing & 40B Violations.
  
The request on May 27, 2009 for a letter to be sent South Shore Housing has yet to be  written and neither has the advertisement for the hearings re:   the two (2) 40B violations.

2.	Fees Schedule Review.

Discussion ensued re:  proposed study for Fee Schedule review.  There are fees for Special Permits and Variances, but there are no fees for site plan review under the ZBA.   Brief discussion ensued re:   comparisons of fees of other communities and the use of fees collected, such as using fees for additional office help. 

VIII.	CORRESPONDENCE

The Board reviewed correspondence in their packets.

IX.	ADJOURNMENT

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

VOTE:  Unanimous (5-0-0)

Attest:  _________________________
	Mary Scarsciotti, Clerk

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