MINUTES OF MEETING OF WAREHAM ZONING BOARD OF APPEALS

Date of Meeting:  February 24, 2010

I.	CALL MEETING TO ORDER

The meeting was called to order at 6:30 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 40B Counsel
			Jay Collins, Building Inspector Dept.

III.	PRELIMINARY BUSINESS

A.	Approval of Meeting Minutes:  March 25, 2009 (Regular Session) & March 25, 2009 (Executive Session).

MOTION:	A motion was made & seconded to approve the Regular Session meeting minutes of March 25, 2009.

VOTE:  Unanimous (5-0-0)

MOTION:	A motion was made & seconded to approve the Executive Session meeting minutes of March 25, 2009.

VOTE:  Unanimous (5-0-0)

NOTE:	Mr. Martin departed at this time.

NOTE:	The meeting proceeded w/ item VI.  Continued Public Hearings.

A.  #35-09 – 83 Sandwich Road – People Helping People, c/o Terry Smith

The applicant has requested a continuance.

MOTION:	A motion was made & seconded to continue the public hearing for petition #35-09 – 83 Sandwich Road – People Helping People, c/o Terry Smith to March 24, 2010.

VOTE:  Unanimous (5-0-0)

NOTE:	The meeting proceeded w/ item V.  Public Hearings.

    A.    #41-09 – 167 Marion Road – Karan Johar.

The public hearing notice was read into the record.

The applicant has requested a continuance of this hearing.

MOTION:	A motion was made & seconded to continue the public hearing for petition #41-09 – 167 Marion Road – Karan Johar to March 24, 2010.

VOTE:  Unanimous (5-0-0)

NOTE:	The meeting proceeded w/ item VI.  Continued Public Hearings.

D.	#39-09 – 41 Gibbs Avenue – Frank Maniglia

A request was made to continue this hearing.

MOTION:	A motion was made & seconded to continue the public hearing for petition #39-09 – 41 Gibbs Avenue – Frank Maniglia to March 24, 2010.

VOTE:  Unanimous (5-0-0)

NOTE:	Mr. Ferreira arrived at this time.

IV.	REQUEST FOR PLAN WAIVERS OR OTHER ADMINISTRATIVE ISSUES

A.	Invoices to be discussed/voted/endorsed:  Invoice #81122 & 81531.

Brief discussion ensued.

MOTION:	A motion was made & seconded to approve payment of invoice #81122 & #81531.

VOTE:  Unanimous (5-0-0)

NOTE:	Mr. Martin returned at 7:55 P.M.

B.	Discussion w/ representatives re:  815 Main Street project update.

Discussion ensued re:  the modification proposed dealing w/ the transfer of ownership of the 815 Main Street project to JKS Village LLC.

The Board concurred to approve the modification as minor relative to the transfer of ownership to JKS Village LLC.  There are no other modifications.

MOTION:	A motion was made & seconded to approve the modification for the 815 Main Street project as minor relative to the transfer to JKS Village LLC.

VOTE:  Unanimous (5-0-0)

C.	Modification to Special Permit request – Petition #24-09 – Tarra Dean – Union Avenue.

Discussion ensued re:  the modification to the Special Permit & what modifications are being proposed as shown on the new plan submitted this evening.

The Board concurred to approve the proposed changes as minor modifications as depicted on the new plan submitted this evening.  The Board also would like a note sent to the Building Inspector stating the Board approved the new plans submitted.

MOTION:	A motion was made & seconded to approve the modifications as minor relative to plans submitted this evening for Petition #24-09 – Tarra Dean – Union Avenue.

VOTE:  Unanimous (5-0-0)

D.	Complaint received – Petition #01-08.

Discussion ensued.  Mr. Collins, Building Inspector will write a decision letter relative to the complaint for Petition #01-08.

V.	PUBLIC HEARINGS

A.	#41-09 – 167 Marion Road – Karan Johar.
	(Done)

VI.	CONTINUED PUBLIC HEARINGS

A.	#42-09 – 55 Parkwood Drive – Douglas Hendry, c/o Kevin Place.

No-one representing the application was present.  The Board concurred to continue the public hearing, but requested the office staff contact the applicant requesting payment to cover the bad checks & ask the applicant if he/she wishes to move forward w/ the application or withdraw.  If the applicant wishes to withdraw, it should be in writing.

MOTION:	A motion was made & seconded to continue the public hearing for petition #42-09 – 55 Parkwood Drive – Douglas Hendry, c/o Kevin Place to March 10, 2010.

VOTE:  Unanimous (5-0-0)

B.	#38-09 – 12 Doherty Street – Bruce Dias

Present before the Board:	Bruce Dias

Mr. Dias explained the proposal to build an addition.  Discussion ensued re:  the plan submitted.

MOTION:	A motion was made & seconded to grant a Special Permit for petition #38-09 – 12 Doherty Street – Bruce Dias to build an addition w/ the following condition:

•	To be built per plan dated January 30, 2010.

VOTE:  Unanimous (5-0-0)

C.	#35-09 – 83 Sandwich Road – People Helping People, c/o Terry Smith
	(Done)

D.	#37-09 – 9 Beach Plum Lane – Sandra M. Stowe (reconsideration)

Present before the Board:	Sandra M. Stowe

Ms. Stowe explained the proposal to build an addition.  Discussion ensued re:  setback issues & if this meets the criteria for a Variance under Section 1334.  

Ms. Stowe presented information to demonstrate the criteria being met for a Variance.  Discussion ensued.

MOTION:	A motion was made & seconded to grant a Variance for petition #37-09 – 9 Beach Plum Lane – Sandra M. Stowe w/ the finding that the proposal meets the criteria/conditions of Section 1334, & further, the request is granted w/ the following conditions:

•	The addition to meet the 10’ side setback.
•	The addition to be built per plan in ZBA file.

VOTE:  (4-1-0)
Ms. Engerman opposed

E.	#39-09 – 41 Gibbs Avenue – Frank Maniglia
	(Done)

VII.	ANY OTHER BUSINESS
	      (NONE)

VIII.	ADJOURNMENT

MOTION:	A motion was made & seconded to adjourn the meeting at 10:30 P.M.

VOTE:  Unanimous (5-0-0)

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

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