04/19/1990 CONSERVATION COMMISSION Minutes

Home Browse Search

April 1 , 10 Page 8. Hs Behrman asked FIr. Coffey to elaborate on his motion, Mr. Coffey stated, the fact we have seen a dock proposed on this location with a large public turnout, the neighbors are adamantly against; the fact it is under litigation; the fact that it is not in the approved location in accordance with the special permit; the structure will be built in the marsh and the obvious use impacts with 0.0 MLw; testimony from shellfish . He did not feel it is an appropriate location for a structure of that type . Mr. Burgmann stated they are beyond the MLW by a substantial amount with regards to the location -of the pier. Ms Behrrn stated because of the location of the pier and the ramp going down with the deck out there for somebody wishing access , it is sort of an obstacle . Mr. Burgmann stated- it is 5 ft, above so they can move under it from the marsh back. Mr. Boyd stated, in talking about clamming area, it is probably about 100 sq. ft. Ms Behrm n stated that is a substantial clamming area. she read a setter into the record from Br. and Estelle shamma►sh, abutters, opposed to the project for environmental reasons . Ms Beh man questioned whether the commission can properly act on this as this plan has not been approved by the Board of Appeals. . fir. Burgman stated not in this specific location, the distance from MHW is . (Behr an: fires, but this is not an approved plan and not sure can act on it properly in any case , with the previous situation being under litigation we would want to discuss this with Torn counsel . ) Mr. Burgmann stated the 45 ft. clod is not under litigation. The Bradshawshad applied for a 7 f t. doc k, that i s under appeal , but the 45 f t . is a granted, viable , valid. . Ms Behrm an 'tared but they have one situation under appeal, another 45 ft. dock that has been granted and now the commission is looking at a third dock. Fir. Burgmann stated if is one that meets the criteria of the one granted the special permit. They felt that they were within the scope of the permit and have every intention of going back to the Board of Appeals to ask them to amend the special permit to a lateral displacement of the dock, should the Commission see fit to approve It In this location, Mr. Halpern stated the commission has clone that, told peoplel to return to the Board of Appeals if the dock is slightly different.