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MINUTES June 8, 1988 4 BOARD OF APPEALS Thomas Cummings (advisement) - Requested a Special Permit under Section • 6.9, subsection I-9 of the Land Use Requirements for permission to construct and maintain a small craft dock with attached floats in a R-3 Zoning District on property located on Seconsett Point Road, Waquoit Bay, (map 119, parcel 2), Mashpee, Massachusetts. Members sitting: W. Hanrahan, M. Makunas and E. Govoni. Mr. Hanrahan stated reports have been received from the petitioner and the Shellfish Warden and commented they are conflicting reports. He stated in the Town By -Laws a substantial detriment to the marine environment must be determined in order for this Board to deny any dock. Mr. Hanrahan informed Mr. Somerville that the report he prepared was very well written however has been unable to find anything specific in the construction and maintenance of the proposed dock that would be a detriment to the marine environment. He explained to Mr. Somerville that he may not have had ample time to prepare a proper report, being a new employee of the Town, however does not feel that it has been proven that the proposed dock will disrupt the marine environment. Ms. Marge Dupont, Conservation Commission member, commented to the Board that once the docks are in place many of them sit on the ocean ... floot and don't float. Mr. Makunas explained to Ms. Dupont that this Board does not make it deci- sion based on conservation issues. Mr. Somerville, Shellfish Warden, stated to the Board that it is his • understanding that it is the applicants responsibility to prove that there is no disruption or damage to the marine environment. Mr. Hanrahan responded to Mr. Somerville that his report is very general- izing and the applicants report deals with specifics. Mr. Somerville commented that he feels this Board is doing a dis-service by allowing a project that may be damaging to the marine environment. Mr. Hanrahan explained that this Board cannot find any conclusive damage under the zoning by-laws, and commented that this Board is balancing the rights of the private land owner versus the rights of the municipality. Mr. Hanrahan commented that this by-law has created many problems since its incorporation. Mr. Govoni commented that the existing by-laws do require updating and stated discussion has taken place..with various departments and commissions in the town to re -write some by-laws. Mr. Hanrahan questioned Mr. Somerville as.to variations in°his report were he to compile it in the summer versus the winter. Mr. Somerville responded the basic problem at this point is that there is no testing procedure when you are dealing with microscopic animals and explained that the shellfish seeds that settle to the bottom are 1.325 of an • inch and reiterated stating that it is nearly impossible to prove at that growth period in time that there are damaging effects.