MINUTES OF MEETING OF WAREHAM ZONING BOARD OF APPEALS

Date of Meeting:  July 28, 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 7:17 P.M.)
			Mike Martin, Vice Chairman
			Mary Scarsciotti, Clerk
			Richard Secher
			David Sharkey
			Wilma Engerman, Associate Member

Also Present:		Jon Witten, Attorney (Arrived at 7:00 P.M.)

III.	PRELIMINARY BUSINESS

A.	Minutes to be approved from previous meetings:  May 26, 2010, June 9, 2010, & July 14, 2010.

MOTION:	A motion was made & seconded to approve the meeting minutes of May 26, 2010.

VOTE:  Unanimous (5-0-0)

MOTION:	A motion was made & seconded to approve the meeting minutes of July 14, 2010.

VOTE:  Unanimous (5-0-0)

NOTE:	The Board did not approve the meeting minutes of June 9, 2010.  The Board would like to further review this set of minutes.

B.	Sign decision sheets for petition #07-10 – 41 Oak Street – Dimitrios & Lefki Aevazelis.

The Board proceeded to sign the decision sheet for petition #07-10.

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

V.	PUBLIC HEARINGS

NOTICE OF PUBLIC HEARING
Pursuant to G.L. c.40B, s.20-23 and the Wareham Board of Appeals comprehensive permit regulations, the Wareham Board of Appeals will hold a public hearing on July 28, 2010 at the Memorial Town Hall - Lower Level Cafeteria, 54 Marion Road, Wareham, MA  02571 at 7:00 pm to discuss the following matters:
1.	The comprehensive permit issued to the project referred to as “Oakdale Heights” located at Assessors Map 134, Lots H-5 through H-22, Avenue A, Wareham, Massachusetts as it pertains to ensuring: that the dwelling units within said development are counted toward the Town’s subsidized housing inventory, that the monitoring agent for the development is capable of continuing said monitoring and if not, to replace the monitoring agent and to rewrite and reinforce the deed rider pertaining to said development to ensure that the affordability component of the development remains in place;
2.	The comprehensive permit issued to the project referred to as “361 Main Street” to ensure that the dwelling units remain affordable pursuant to the comprehensive permit granted this project;
3.	Allegations of comprehensive permit violations, including alleged violations of deed restrictions at the project referred to as “Carleton Place”, Assessors Map 2, Lot 1026A-1 Locust Street, Wareham, Massachusetts;
4.	Allegations of comprehensive permit violations, including alleged violations of deed restrictions at the project referred to as “Cromesett Woods”, Assessors Map 57, Lot 1004A1, Camardo Drive , Wareham, Massachusetts;
5.	The need for a cost/profit audit for the comprehensive permit projects known as “Cromesett Woods”, Assessors Map 57, Lot 1004A1, Camardo Drive, in Wareham, Massachusetts, “Fieldstone”, Assessors Map 75, Lot 1001, 68 Fearing Hill Road, Wareham, Massachusetts and “Swan’s Landing”, Assessors Map 61, Lots 1031 & 1032, 425 Main Street, Wareham, Massachusetts.
The public may inspect materials relevant to each of the above noted developments during regular business hours of the Board of Appeals Office, Town Hall, 54 Marion Road, Wareham, Massachusetts.
Kenneth R. Ferreira, Chairman

Discussion ensued re:  the above matters.

1.	The comprehensive permit issued to the project referred to as “Oakdale Heights” located at Assessors Map 134, Lots H-5 through H-22, Avenue A, Wareham, Massachusetts as it pertains to ensuring: that the dwelling units within said development are counted toward the Town’s subsidized housing inventory, that the monitoring agent for the development is capable of continuing said monitoring and if not, to replace the monitoring agent and to rewrite and reinforce the deed rider pertaining to said development to ensure that the affordability component of the development remains in place.

Discussion ensued.

Attorney Witten stated he will coordinate to get the Oakdale Heights units counted & will name a new monitoring agent.  The Board also agreed to pursue the $120,000.00 judgment the Board received in this matter.  Approval from the BOS is also required.

2.	The comprehensive permit issued to the project referred to as “361 Main Street” to ensure that the dwelling units remain affordable pursuant to the comprehensive permit granted this project.

Discussion ensued.

The Board needs to review all the files on this project, including files/information from CEDA & the BOS so these units can be counted properly.

3.	Allegations of comprehensive permit violations, including alleged violations of deed restrictions at the project   referred to as “Carleton Place”, Assessors Map 2, Lot 1026A-1 Locust Street, Wareham, Massachusetts.

Discussion ensued.  This is an on-going matter.

4.	Allegations of comprehensive permit violations, including alleged violations of deed restrictions at the project referred to as “Cromesett Woods”, Assessors Map 57, Lot 1004A1, Camardo Drive , Wareham, Massachusetts.

	Discussion ensued.  

	Attorney Witten will review this matter further.  He will advise the Board in the future.

5.	The need for a cost/profit audit for the comprehensive permit projects known as “Cromesett Woods”, Assessors Map 57, Lot 1004A1, Camardo Drive, in Wareham, Massachusetts, “Fieldstone”, Assessors Map 75, Lot 1001, 68 Fearing Hill Road, Wareham, Massachusetts and “Swan’s Landing”, Assessors Map 61, Lots 1031 & 1032, 425 Main Street, Wareham, Massachusetts.

	Discussion ensued.

	Attorney Witten will get an estimate for BOS approval.

VI.	CONTINUED PUBLIC HEARING

A.	#08-10 – 41 West Central Avenue – Niall & Sandra O’Donnell

Present before the Board:	Mr. O’Donnell
			J.C. Engineering, Inc. Representative

Discussion ensued re:  the proposal to construct a new dwelling & the plans submitted.

MOTION:	A motion was made and seconded to construct a new dwelling for property located on 41 West Central Avenue for Niall & Sandra O’Donnell based on the following:

•	The proposal is appropriate for the zone.
•	The proposal decreases the number of existing non-conformities (ie., reduces three non-conforming setback structures to one conforming, meeting all setbacks).
•	Use would not be out of character w/ surrounding properties, nor have an adverse effect on the neighborhood.
•	The restriction, as applied to  this parcel, imposes an unnecessary hardship not shared by the majority of properties in this zone & that strict enforcement would fail to accomplish a legitimate public goal.
•	Strict enforcement of the 20% standard on a lot of this size would be unreasonable.

Further, the request is granted w/ the following conditions:

•	Per Plan – Exhibit A dated 6/4/10.  
•	Per Plan – With two off-street parking spaces as shown on the plan.
•	Must remove the three existing structures

VOTE:  Unanimous (5-0-0)

VII.	ANY OTHER BUSINESS/NEW BUSINESS/DISCUSSION

A.	Review Comprehensive Permit Rules of the ZBA adopted 2/8/06.

The Board will advise staff re:  a date to conduct a new vote on the rules.

B.	Review Environmental Notification Form – Proposed Retail Development – Walmart

The Board briefly reviewed the documents submitted.  As the Board understands, there is to be an informal meeting between the Board, ConCom, & Planning Board on this matter to a date certain.

VIII.	ADJOURNMENT

MOTION:	A motion was made & seconded to adjourn the meeting at 9:30 P.M.

VOTE:  Unanimous (5-0-0)

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

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