MINUTES OF MEETING OF WAREHAM ZONING BOARD OF APPEALS

Date of Meeting:  March 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
			Mike Martin, Vice Chairman
			David Sharkey
			Richard Secher
			Wilma Engerman, Associate Member

Member Absent:	Mary Scarsciotti 

Chairman Ferreira noted Ms. Scarsciotti called and she is detained at another meeting.

III.	PRELIMINARY BUSINESS

A.	Mike Santos – Discussion re:  194-196 High Street

Mr. Santos was not present for the discussion.

B.	Sign decision sheets for petition #42-09 – Douglas Hendry – 55 Parkwood Drive

The Board members endorsed the decision sheets for petition #42-09.

C.	Approve meeting minutes:  February 2, 2010 (Executive Session) & March 10, 2010.

The Board members did not approve the minutes.  They will be placed on the next meeting agenda.

IV.	PUBLIC HEARINGS
	     (NONE)

V.	CONTINUED PUBLIC HEARINGS

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

Chairman Ferreira read a letter from Attorney Perry into the record dated March 22, 1010.  In essence, the letter requests the petition be withdrawn w/out prejudice.  

Present before the Board:	Attorney Perry
				Terry Smith

The reason for the request is the site plan is being prepared & it may take a relatively lengthy period of time to complete.  Rather than continue the meeting on multiple occassions, the petitioner would prefer to withdraw and refile when the actual site plan is completed.  It is Attorney Perry’s understanding that the site plan, covering all aspects of the Town of Wareham Zoning ByLaws, will be prepared by G.A.F. Engineering on behalf of the petitioner.  The petitioner, through Attorney Perry is asking at this time if the Board would consider permitting the petition to be withdrawn without prejudice ( on the portion of the petition that speaks to the building of a new building and act on the portion that modifies the buffer zone).  Discussion ensued.  

Attorney Perry discussed the issues of the petition and the petitioners request of the Board.

Mr. Secher stated it went from one building to a building and three or four trailers at the site.  Now there are seven structures on the site.  He doesn’t know how this can be done.  He questioned why all of these buildings are there.  

Chairman Ferreira stated he doesn’t have a problem with the applicant withdrawing the petition.  He is trying to understand how the decision can be split up into a portion of a withdrawal and a portion of acceptance (as requested in Attorney Perry’s letter).  

It was stated the petition was for the modification of an existing barrier with an addition to an existing structure and relief from the landscape buffer requirements.  Chairman Ferreira asked what is the relief from the landscape buffer requirements from the existing barrier.  Attorney Perry replied.  Chairman Ferreira asked if there is a fence and where this fence abuts.  Discussion ensued.  

Chairman Ferreira asked where the criminal complaint is in court right now.  Attorney Perry responded.

The Board asked, at this point in time, is the petitioner going forward with plans to erect an addition of some sort, (whether it is knock down buildings or the new building or a wrap around addition), so that at some point there will be a larger structure there to handle whatever the amount of material will be there vs. all the tents that were pointed out.   Attorney Perry replied that his understanding is yes.  

Chairman Ferreira stated as he understands, Mr. Smith will be entering into a contract with an engineer and eventually with a contractor to build a bigger building to house the inventory instead of having scattered about trailers or tents.  Mr. Ferreira stated he has been before zoning boards where they ask for sworn testimony.   He is not asking for sworn testimony, but he is asking, for the record, if this is Mr. Smith’s intention in the near future.  Mr. Smith answered yes.  

Chairman Ferreira indicated that he does not mean 30 days or 60 days from now, but within the next year to apply for financing and go forward with something substantial.  Mr. Smith stated this is his intention.  

Mr. Secher asked if Mr. Smith means one building, large enough to handle the inventory, no tents, no trailers.  Chairman Ferreira said he is looking down the road and understands what Mr. Smith is trying to accomplish, but he does not know the consignment business (people donating things and Mr. Smith giving to the poor).  Mr. Smith statedhe was trying to work with the poor, give to the poor, and the economy has slammed him too.  He stated it’s going to take some time.  With $12.00 as one days receipts, it is going to take some time.  

Chairman Ferreira stated everyone charges whatever they feel the market will bear.  He acknowledged Mr. Smith has a difficult site in terms of the wetlands being so close.  He expressed concern re:   the tents and what Mr. Secher’s concerns are.  Mr. Secher indicated there is one tent up against the front fence and three or four more all along the side, plus a shed.   There is seven structures.  There are tents and they contain inventory.  

Mr. Secher asked for clarification.  He questioned if in six months, are we going to look at seven tents for another year.  Chairman Ferreira explained what the request is.  It is basically whether or not the Board grants or denies the buffer.   That’s not going to alleviate the tents and its irrelevant.  He expressed concern re:  the withdrawal of the entire project because that tells him that Mr. Smith may not go forward with the building.  

Chairman Ferreira indicated there are funding organizations out there that grant money.  

Mr. Martin stated one issue is the withdrawal of the application for the building and the other is the modification.  He asked what kind of a fence there is.  Mr. Smith answered that 2/3rds of the fence is a chain-link and then there is stockade.  Relative to the modification of the buffer, if nobody has an objection, he thinks it’s a matter of amending Section 3906 to change item #5 to discuss, scratch out, dispatch that half and get that off and then if Mr. Smith may want to withdraw the petition.  Chairman Ferreira clarified that Mr. Smith cannot withdraw without prejudice, unless the Board grants that.  If the Board denies, he cannot come back with the building proposal for two years.  Discussion ensued.  The Board knows what the request is and Chairman Ferreira asked the Board to make a motion.  
                      
MOTION:	Mr. Martin moved to amend item #5 for petition #39-06 as recorded in the Plymouth County Registry of Deeds, Book 19623 Page 215 to read a combination stockade/chain link fence shall be installed along the easterly property line and southerly along the eastern property line.  Seconded by Richard Secher.  

VOTE: Unanimous (5-0-0)

MOTION:	Mr. Martin moved to grant the request of the petitioner, Mr. Smith to withdraw petition # 35-09 without prejudice relative to construction of a new building/addition.  Mr. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

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

No-one was present to represent the application.  No action was taken.

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

No-one was present to represent the application.  No action was taken.

VI.	ANY OTHER BUSINESS

A.	Economic Summit – Chairman Ferreira wanted to be sure that the Board members received notice of this event.

VII.  ADJOURNMENT

MOTION:	Mr. Martin moved to adjourn the meeting.  Mr. Sharkey seconded.

VOTE:  Unanimous (5-0-0)

Attest:  __________________________________
	Kenneth Ferreira, Chairman
	WAREHAM ZONING BOARD OF APPEALS

Date signed:  _____________________________

Date copy sent to Town Clerk:  ____________________________