TOWN OF WARE
PLANNING BOARD
MINUTES
04-04-07
PRESENT
JOHN CHABOT
KEN HIGNEY
JOE KNAPP
RICK STARODOJ
CHRIS DiMARZIO
JOHN CHABOT OPENED THE MEETING
MOTION TO APPROVE THE MINUTES OF 03-28-07
SECOND
ALL IN FAVOR
CAMERON – information – James Road
Mr. and Mrs. Cameron present
They currently own two lots on addressStreetJames Road
There are two lots for sale without frontage
CD
The lots are existing non-conform grandfathered lots and uses
Can divide two lots if you do not make them more detrimental
Can remove existing mobile home and rebuild but must meet set-back requirements
Would need to have a Section 6 Finding for a Special Permit
The non-conformity is the structure and lack of frontage on town approved way
CVS - MODIFICATIONS OF SITE PLAN - REVIEW AND SIGN
12,900 sf store to 13,225 sf
parking: lost 1 parking space
grading, store will be up slightly, will require ramp and 7 stairs to enter
fill: need to remove more fill
CVS present with updated plans
Planning Board does not have to sign plans, incorporate vote into minutes
MOTION TO ACCEPT PLANS DATED 3/23/07 C1-C9 and SV1 and SV2 dated 8/29/06,
AND LIGHTING PLAN DATED 8/31/05
SECOND
ALL IN FAVOR
ZONING BY-LAW HEARING: EARTH REMOVAL
To see if the Town of Ware will Vote to amend the Zoning By-Laws to include:
Page 38, Section 5.41 EARTH REMOVAL
To amend Section 5.410 and 5.413
The proposed changes are depicted below in RED
5.410 - BUILDING PERMIT – Removal by Building Permit when such removal is at the site of, incidental to, and in connection with the excavation and grading necessary for the construction of a principal or accessory use permitted by the By-Law, will require Site Plan Approval by the Planning Board
5.413 - NEW SMALL SCALE COMMERCIAL EARTH REMOVAL OPERATION
change title of above to: LOW VOLUME EARTH REMOVAL~
Removal of less than 1000 cubic yards of earth, for any purpose other than those described in Sections 5.410, 5.411 and 5.412 shall not require an earth removal permit, but will require Site Plan Approval by the Planning Board
Page 13A, Section 2.620 PROCEDURE FOR REVIEW
The proposed changes are depicted below in BOLD
To add the follow new sub-section (f) to Section 2.620
f) When determined necessary, the Planning Board may require a plot plan depicting topography at a level of detail determined to be appropriate upon review of the project scope.
HEARING OPENED AT 7:30 PM
NOTICE WAS READ INTO THE MINUTES
MOTION TO RECOMMEND CHANGES TO BOARD OF SELECTMEN FOR ATM WARRANT
SECOND
ALL IN FAVOR
ROLE CALL VOTE
CHABOT – YES
HIGNEY – YES
STARODOJ – YES
KNAPP – YES
DIMARZIO – YES
ZONING BY-LAW HEARING: DEFINITION OF 1/2 STORY
To see if the Town will vote to amend the Town of Ware Zoning By-Laws to include:
Section 1.2 DEFINITIONS
STORY – A story is that part of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and the top of the ceiling joists or, where there is not a ceiling, to the top of the roof above. If a mezzanine floor exceeds one third (1/3) of the area of the floor immediately below, it shall be deemed to be a story.
HALF STORY – A story in a sloping roof, the area of which at a height of five feet (5) above the (habitable) floor does not exceed two-thirds (2/3) the floor area of the story immediately below it, shall be counted as a half story.
STORY ABOVE GRADE – Any story having its finished floor surface entirely above grade except that a basement shall be considered as a story when the finished surface of the floor above the basement is:
a) More than six (6) feet above grade plan;
b) More than six (6) feet above the finished ground level for more than 50 percent of the total building perimeter;
c) More than 12 feet above the finished ground leave at any point.
HEIGHT – The vertical distance measured from the finished established grade plane to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs, and to the average (mean) height of the portion between eaves and ridge for gable, hip and gambrel sloped roofs.
HABITABLE ROOM – Any room meeting the requirements of the StateplaceMassachusetts State Building Code (780 CMR) for sleeping, living, cooking, or dining purposes.
HEARING WAS CONTINUED FROM 3/28/07 MEETING
HEARING RE-OPENED AT 7:40 PM
MEMBERS OF THE ZBA PRESENT
MOTION TO RECOMMEND CHANGES TO stocktickerBOS TO PLACE ON ATM WARRANT
SECOND
ALL IN FAVOR
OTHER BUSINESS
Certified Return Receipts to Abutters
Is it rule that Planning Board needs to send out ?
Can we have Applicant mail and give us proof of mailing, much like
the ConCom does with stocktickerNOI’s and the stocktickerBOS does with Alcohol Licenses ?
In the last two weeks, Maggie sent out 168 certified mailings.
-Maggie will check out C40A, Section 9
I checked out Section 9 and 11 and law does not state who is responsible for sending out certified mailings.
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