Zoning Board of Appeals Minutes

February 13, 2014

Chairman Atwood, Norman Diegoli, Dorothy Pulsifer, Eric Priestly and Darrin DeGrazia were present.

7:30 P.M. Minutes

Upon a motion made by Dorothy Pulsifer and seconded by Norman Diegoli, the board

VOTED: to approve the minutes of January 9, 2014, and January 23, 2014.

Unanimous Vote.

7:31 P.M. Peter Freeman for Roberts Estates, LLC – 711 Plymouth Street

Chairman Atwood read into the record the legal advertisement and declared the hearing open. Chairman Atwood informed the board that tonight’s hearing will be continued as Liz Elgosin is not present, and she is a voting member.

Upon a motion made by Darrin DeGrazia and seconded by Norman Diegoli, the board

VOTED: to continue the hearing until February 27, 2014.

Unanimous Vote.

7:33 P.M. James Burke – Spruce Street

Upon a motion made by Dorothy Pulsifer and seconded by Darrin DeGrazia, the board

VOTED: to continue the hearing until February 27, 2014.

Unanimous Vote.

7:34 P.M. Robert Grinham – 156 Wareham Street

Chairman Atwood read into the record the legal advertisement and declared the hearing open.

Karl Wells informed the board that he is the owner of the property at 156 Wareham Street. He is requesting to remove the existing dwelling, which is in disrepair, and build a new 34’ x 26’ colonial style single family dwelling. This will meet the current zoning.

Norman Diegoli asked if they will be using the same foundation. Karl Wells said no, they will be replacing it. Norman Diegoli asked if they will be installing a new septic system. Karl Wells said yes, they have already filed the design with the Board of Health.

Norman Diegoli asked where the debris will be going. Karl Wells said it will be trucked off to Rochester or Champion City of Brockton, Ma.

Eric Priestly asked if it is correct that the garage is no longer part of the plans. Karl Wells said they are not building the garage.

Eric Priestly read into the record a letter dated February 11, 2014, from Robert Whalen, Building Commissioner, and a memo dated January 24, 2013, from Jeanne Spalding, Health Officer.

Chairman Atwood asked if anyone would like to be heard on this matter. Hearing no comments Chairman Atwood called for a motion.

Upon a motion made by Dorothy Pulsifer and seconded by Norman Diegoli, the board

VOTED: to approve the petition of Robert Grinham, 18 Purchase Street, Middleboro, MA 02346 relative to his 02346 relative to his request to allow for the razing of the existing residential structure and the replacement thereof with a 34’ x 26’ colonial dwelling, meeting the current zoning setback requirements. The subject property is located at 156 Wareham Street, Middleborough Assessor’s Map 59, lot 6184. This is approved subject to the following stipulations:

1. Subject to the plan dated December 30, 2013, for Karl Wells Trustee.

Chairman Atwood, Dorothy Pulsifer, Norman Diegoli, Eric Priestly and Darrin DeGrazia were in favor. (5-0)

Upon a motion made by Norman Diegoli and seconded by Darrin DeGrazia, the board

VOTED: to adopt the following findings:

1. The proposed site is appropriate for the use and structure.

2. Public water and sewerage facilities will be available which will adequately service the site.

3. The use involved will not be detrimental to the established or future character of the neighborhood and Town and is subject to appropriate conditions and safeguards.

4. There will be no nuisance or serious hazard to vehicles or pedestrians.

5. Adequate and appropriate facilities have been provided to insure the proper operation of the use and structure.

Chairman Atwood, Dorothy Pulsifer, Norman Diegoli, Eric Priestly and Darrin DeGrazia were in favor. (5-0)

7: 47 P.M. Bills

The board has received two bills from Huggins and Witten, LLC one for Louise Estates in the amount of $2066.25, and one for High Point Treatment Center in the amount of $3052.50.

Upon a motion made by Dorothy Pulsifer and seconded by Norman Diegoli, the board

VOTED: to pay Invoice number Louise01 in the amount of $2,066.25.

Unanimous Vote.

Eric Priestly said with regards to the bill for High Point, the Zoning Board of Appeals never hired Jon Witten to represent the town, like they do for the 40B. Eric Priestly said he was under the impression that Jon was hired by the Town Manager. Therefore, it would have to come out the town budgets money. High Point was never given the opportunity, or first right of refusal, for attorney fees. The only thing they have asked High Point to pay for was the RKG study and the engineering fees.

Chairman Atwood said this should go back to the Town Manager because there will be more bills coming in for this. The board agreed that this needs to come out of the town account.

Upon a motion made by and seconded by the board

VOTED: to adjourn at 7:55 P.M.

Unanimous Vote.

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