MINUTES OF MEETING OF WAREHAM ZONING BOARD OF APPEALS

Date of Meeting:  August 11, 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 8:00 P.M.)
			Mary Scarsciotti, Clerk
			Richard Secher
			David Sharkey
			Wilma Engerman, Associate Member

Member Absent:	Mike Martin

III.	PRELIMINARY BUSINESS

A.	Minutes to be approved from previous meetings:  January 13, 2010.

MOTION:	A motion was made & seconded to approve the meeting minutes of January 13, 2010.  

VOTE:  Unanimous (5-0-0)

IV.	REQUEST FOR PLAN WAIVERS OR OTHER ADMINISTRATIVE ISSUES

A.	Discussion w/ Chris Reilly, CEDA Director re:  361 Main Street.

Mr. Reilly did not attend this discussion.  He forwarded an email stating he will not be attending.

B.	Informal Discussion:  355 Main Street – Ryan Correia.

Present before the Board:	Ryan Correia

Mr. Correia discussed the proposed project he is proposing for 355 Main St.  Discussion ensued.

V.	PUBLIC HEARINGS

A.	Petition #09-10 – Claire Bergeron – 4 Nimrod Way.

The public hearing notice was read into the record.

Present before the Board:	Claire Bergeron

Ms. Bergeron explained her proposal to replace a deck at 4 Nimrod Way.  She presented evidence with reference to Assessor’s property records showing a deck.  She noted that the reconstruction does not extend beyond the existing footprint & she has met the 5/19/10 Conservation Commission requirement that the reconstruction of the deck does not require the filing of a Notice of Intent.

Discussion ensued re:  the proposal.

No-one from the audience spoke in favor or against the petition.

MOTION:	A motion was made & seconded to grant a Variance from Article 6 Section 21; required setback for the R30 district for property located at 4 Nimrod Way for Claire Bergeron based on the following:  

•	The proposal is appropriate for the zone.
•	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 standard would be unreasonable 

And further, the request is granted w/ the following conditions:

•	To be built per the plan & incorporating the construction details as presented & approved by the Wareham Conservation Committee 5/19/10.
•	The deck is not to be enclosed to become living space or to vary from the plan presented.
•	Construction of a handicap ramp as needed is approved & not considered an alteration of either said approved plan or construction detail.

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

B.	Petition #10-10 – James Ricciardi – 21 Little Harbor Road

The public hearing notice was read into the record.

Present before the Board:	James Ricciardi

Mr. Ricciardi discussed his proposal to reconstruction of a shed.  He presented evidence w/ reference to a plan showing the existing shed & proposed shed relocation.  He noted the reconstruction does not extend beyond the existing setbacks.

Discussion ensued re:  the proposal.

No-one from the audience spoke in favor or against the petition.

MOTION:	A motion was made & seconded to grant a Variance from Article 6 Table 621 & 625; required setback from the R60 district for property located at 21 Little Harbor Way for James Ricciardi based on the following:

•	The proposal is appropriate for the zone.
•	Finding that the use is the same as exists; the reconstruction would not be out of character w/ the existing structure & does not change, alter or extend the existing setbacks & that allowing the reconstruction has no negative effect on the neighborhood & does not derogate from the intent of the Bylaw.
•	The restriction, as applied to this parcel, imposes an unnecessary hardship & that strict enforcement would fail to accomplish a legitimate public goal.
•	Strict enforcement of the standard would be unreasonable.

And further, the request is granted w/ the following conditions:

•	To be built per the plan w/ revised date July 8, 2010.

VOTE:  Unanimous (5-0-0)

VI.	CONTINUED PUBLIC HEARINGS
	      (NONE)

VII.	NEW BUSINESS/DISCUSSION
            (NONE)

VIII.	UPCOMING HEARINGS/DISCUSSIONS

A.	Bog Wind Project.

It was stated that per Mr. Berkowitz, Bog Wind is not ready yet for hearing  dates originally suggested.  Possibly, they will bring their application in for a hearing date of 9/22/10.  

Discussion ensued re:  timing.  If the application is submitted for 9/22/10; this hearing (when date is confirmed) will be advertised for 7:30 P.M. – 10:00 P.M. in anticipation of many people attending & allowing for adequate time for discussion.

IX.	ADJOURNMENT

MOTION:	A motion was made & seconded to adjourn the meeting.

VOTE:  Unanimous (5-0-0)

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

Date signed:  ____________________
Date copy sent to Town Clerk:  ________________________