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w <br /> Conservation Commission <br /> October 18, 1990 <br /> Page 8. <br /> Andrea Barone, association member, stated from the beginning it was planned that <br /> anyone can use this dock if a paid up member of the association. The land was <br /> deeded over to SCCA; users would need to be a paid up member unless they have <br /> deeded rights. There iso proper way to stop a private owner from building o <br /> his property. <br /> Mr* sanic i stated there are deeded rights with reference to certain properties <br /> and some deeds exclude that right. He worked with the association to have a letter <br /> written indicating the rights by the association within this property and that any <br /> party that has waterfront lots within the association has the right to utilize this <br /> facility. They are not excluded in coning before the Commission requesting their own <br /> dock. <br /> Tom Costanza, member, advised they seat letters to everyone in the association and <br /> neighbors which came back almost 100% in favor. The association always understood <br /> anyone would be able to use this dock even though certain people are paying for it <br /> and the green area is in some people's deeds. The dock will belong to the association <br /> after it is built because it is on their property, <br /> Mr. Coffey advised the Commission cannot close the hearing because the atter is still <br /> continued with Board of Appeals. The Commission would be looking for copies of letters <br /> submitted to the Board of Appeals on this dock. <br /> Denise Sullivan asked if theoma. sion would have to get a guarantee from the property <br /> owners that they will not build a dock on their property. <br /> Mr. Coffey stated that negation of development rights is not at issue here but that <br /> is what constitutes a community dockin tbe . pure sense that a public use structure is <br /> built and favored because it prohibits development of other adjacent parcels and is <br /> i <br /> a public good presumed served by that. In -this case there s still a chance for <br /> those other docks to be built which Vill be taken an tmr own merits. However if <br /> those homeowners have a guaranteed access to this one, it satisfies some of the <br /> intent of that and may mean it is not a hardship for them if they don It end up with <br /> their own. That is implicit in what is being said tonight. An association dock is <br /> not a community dock but fits some of. the standards. <br /> Mr. York asked if the three property owners mentioned were members of the association <br /> and was told John Malloy is, Damon and salsa are not but they have deeded rights. <br /> Nor. Sherman asked if the Commission could condition that only two dinghies would be <br /> t the dock? Mr, Sanicki stated it could be conditioned, there was no objection. <br /> Denise Sullivan asked if that would mean that the remaining dinghies on the bead <br /> would have to be removed and was told by Mr. sanicki that it would. <br /> CONTINUED 15, 1990 - 8:00 .1 . <br /> 9:00 FANAY110TI s & GE)DRGIA ZAFIR Po[ Ds for a proposed septic system upgrade, wood deck <br /> and patio, new building entrance (addition) and interior and exterior building remodel- <br /> ing at 39 Fiddler Crab Lane. Dave sanicki advised this is ars existing dwelling and <br /> facilities that exist will remain. It is proposed to -remodel the inside of the house <br /> With some exterior remodeling and addition of a deck and entry way and on the water <br /> side a deck added. They are proposing a wooden patio at ground level. Septic to be <br /> upgraded. Board of Health approval has been received. Drywells are proposed for <br /> roof runoff. A filter fabric fence with hybale is proposed 6 feet beyond the work <br /> limit during construction period. <br /> Mr. Sherman noted a seasonal dock has been left on the bank. Mr. Sanicki stated there <br /> is an outstanding Order of Conditions on the dock, he will relay this top <br /> firo oulo . <br />