MINUTES OF MEETING OF WAREHAM ZONING BOARD OF APPEALS

Date of Meeting:  April 14, 2010

I.	CALL MEETING TO ORDER

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

II.	ROLL CALL

Members Present:	Kenneth Ferreira, Chairman (Arrived @ 7:10 P.M.)
			Mary Scarsciotti, Clerk
			Richard Secher
			David Sharkey
			Wilma Engerman, Associate Member

Member Absent:	Mike Martin

III.	PRELIMINARY BUSINESS

A.	Approval of meeting minutes:  February 24, 2010 (Ex. Sess.), March 10, 2010, & March 24, 2010.

MOTION:	A motion was made & seconded to approve the Executive Session meeting minutes of February 24, 2010.

VOTE:  Unanimous (4-0-0)

MOTION:	A motion was made & seconded to approve the meeting minutes of March 10, 2010.

VOTE:  Unanimous (4-0-0)

MOTION:	A motion was made & seconded to approve the meeting minutes of March 24, 2010.

VOTE:  (3-0-1)

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

V.	PUBLIC HEARINGS

A.	#02-10 – 11 Sunset Avenue – David Halberstadt

Discussion ensued re:  the application to construct an addition & a deck.  

The Board agreed that due to the architectural constraints, such as lacking a load bearing wall in an appropriate place on the first floor would create a hardship that would prevent the addition from being built.  It was agreed that granting of a Variance does not derogate from the intent of the Bylaw or cause harm to the neighborhood.

Discussion ensued re:  conditions.  

MOTION:	A motion was made and seconded to grant a Variance for petition #02-10 – 11 Sunset Avenue – David Halberstadt w/ the following conditions:

1.	Project to be built per plan submitted by MTD Architects labeled site plan:  Proposed Renovations and dated 2/1/10 with a revision date of 2/23/10.
2.	The open deck as shown on the plan is not to be enclosed.
3.	All regulations of all other boards & commissions must be met.

VOTE:  Unanimous (5-0-0)

VI.	CONTINUED PUBLIC HEARINGS

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

This public hearing was opened on January 13, 2010.  The hearing was continued several times.  Last meeting held on March 24, 2010, no-one was present to represent the application.  No action was taken by the Board at this meeting.  Action required at this time.  

MOTION:	A motion was made & seconded to deny without prejudice petition #39-09 – Frank Maniglia – 41 Gibbs Avenue.

VOTE:  (4-1-0)

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

This hearing was opened on February 24, 2010.  The hearing was continued several times.  Last meeting held on March 24, 2010, no-one was present to represent the application.  No action was taken by the Board at this meeting.  Action required at this time.

MOTION:	A motion was made and seconded to deny with prejudice petition #41-09 – Karan Johar – 167 Marion Road.

VOTE:  Unanimous (5-0-0)

VII.	ANY OTHER BUSINESS

A.	Bills to be approved.

The Board approved invoice #82244 from Kopelman & Paige for services rendered.

VIII.	ADJOURNMENT

MOTION:	A motion was made & seconded to adjourn the meeting at 8:05 P.M.

VOTE:  Unanimous (5-0-0)

Date signed:  __________________

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

Date copy sent to Town Clerk:  ____________________