MINUTES OF MEETING OF WAREHAM ZONING BOARD OF APPEALS

Date of Meeting:  July 8, 2009

I.	CALL MEETING TO ORDER

The meeting was called to order at 7:20 P.M.

II.	ROLL CALL

Members Present:	Ken Ferreira, Chairman (Arrived at 7:30 P.M.)
			Mike Martin, Vice Chairman
			Mary Scarsciotti, Clerk
			Richard Secher
			David Sharkey
			Wilma Engerman, Associate Member
			
Also Present:		Jon Witten, Special Counsel to the ZBA

MOTION:	A motion was made & seconded to enter into Executive Session for the purpose of discussing litigation & to then come back into open session.

VOTE:  Unanimous (5-0-0)

NOTE:	The meeting came back into open session at 8:00 P.M.

III.	PRELIMINARY BUSINESS
	      (NONE)

IV.	REQUEST FOR PLAN WAIVERS OR OTHER ADMINISTRATIVE ISSUES

A.	Ryan Correia – 361 Main Street – Submittal of new plans.

Present before the Board:	Ryan Correia

Mr. Correia submitted new plans to the Board.  The Board reviewed said plans.

The Board previously voted that the parking change was a minor modification & no public meeting was required.  Discussion ensued.

MOTION:	A motion was made & seconded to accept the parking plan per the plan dated June 30, 2009 for 361 Main Street.

VOTE:  Unanimous (5-0-0)

V.	PUBLIC HEARINGS

A.	#23-09 – Norman & Amariet Karahalis – 10 Cypress Street.

The public hearing notice was read into the record.

Representatives were present & discussed the plan.  Discussion ensued.

MOTION:	A motion was made & seconded to continue the public hearing for petition #23-09 – Norman & Amariet Karahalis – 10 Cypress Street to August 12, 2009 at 6:30 P.M.
VOTE:  Unanimous (5-0-0)

B.	#24-09 – Tarra Dean – 6 Union Avenue

The public hearing notice was read into the record.

Present before the Board:	Tarra Dean
				
Discussion ensued re:  the plans & the intent.

MOTION:	A motion was made & seconded to continue the public hearing for petition #24-09 – Tarra Dean – 6 Union Avenue to July 22, 2009.

VOTE:  Unanimous (5-0-0)

C.	#25-09 – Wooden Boat Center, Inc. – 4 Thatcher Lane, c/o Charles L. Rowley & Associates

The public hearing notice was read into the record.

Present before the Board:	Charles L. Rowley, Charles Rowley & Associates

Discussion ensued re:  the plans submitted, the intent, & if the application meets the criteria for a Variance. 

Discussion ensued re:  application & mailing fees owed.  Mr. Rowley stated he will submit any outstanding fees.   Brief discussion ensued re:  Planning Board comments.

MOTION:	A motion was made & seconded to approve a site plant & grant a Variance for petition #25-09 – Wooden Boat Canter, Inc. – 4 Thatcher Lane & said Variance is granted due to the restriction (side setback), as applied to this parcel, is unreasonable and unnecessary, it imposes a substantial hardship on the applicant, and the requested relief does not denigrate from the purpose and intent of the ordinance nor is the relief detrimental to the public good, further, the Board voted to approve the site plan per plan submitted dated June 26, 2009 with the following conditions:

1.	Granted with the Planning Board condition that no hazardous materials or flammables be stored in the structure.

VOTE:  Unanimous (5-0-0)

VI.	CONTINUED PUBLIC HEARINGS
	      (NONE)

VII.	NEW BUSINESS/DISCUSSION

A.	Lisa Bindas extension letter acceptance.

Discussion ensued re:  previous vote to deny the application w/out prejudice per MGL 40A, section 17.

The Board concurred to rescind this vote pending receipt of a letter of extension signed by the applicant prior to the decision being filed w/ the Town Clerk.

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:  ____________________