05/03/1990 CONSERVATION COMMISSION Minutes

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M Conservation comm i i May 3. 1990 Page 6. . Henchy stated this is a zoning ruling, it could not be much clearer. The building inspector has said nothing more is required than a building permit which he would grant if an order of conditions is issued, It was noted the original plan was appealed on January 1 , 19870 Ron Jansen, attorney representing Mr. Bafaro, including the zoning issue currently under appeal in Barnstable. At the time he submitted the appeal for a special permit,, it was for a particular size dock which the zoning bylaws at that time mandated he seek a special permit for. The Board of Appeals granted the special permit at that time. Dr. Cushner and others took an appeal out and Mr. Baf ar o sought to obviate the length of time to try ars appeal , It was noted that under Section 5.52 of the zoning bylaws, non-conforming structures could be built on the lot. It was submitted to the building inspector that that lot had not merged with the other lots, had been a separate lot, and accordingly, as a matter of right, permitted the piers sought could be built. Mr. Boyd concurred -and ruled a special permit was not necessary to build the dock. Mr. Henchy stated, to give the Commission a short answer, it is grandfathered. Mr. Sherman asked that tin i sAnformation be provided in writing. Mrs. Simmons stated the commission would hear them and check the matter with Town Counsel . Dr. cushner did not understand how the original premise to put a lot on a non- conforming piece of land was brought to the Board of Appeals and now the system is being changed for getting the pier permanent. They, as abutters, feel the property will be used for social activities and there is no way to control It once the pier is in. Their well-heads are on the lot lines ; anything done to that property will be detrimental to their health. Mrs. Simmons stated the commission has nothing to do with zoning changes and will take into consideration their position as abutters. D . cushner stated the first was a longer pier and house with large concrete structure; the second was a long pier only and noir this one, a third pier, gone to the other side without abutter notification, gust a building permit offered up by Doug Boyd, Mrs. Simmons advised when a hearing is continued to a date certain, ;abutters do not have to be repot i f i ed from the original hearing. Mr. Henchy advised receipts went out on 4127. The notification for the first hearing went out improperly so he agreed to renotify for tonight's hearing. Reprised plans were reviewed. Mr. Henchy advised the pier has been shifted 3 feet over to ensure safety of a bush. The utility line has been relocated to within a cleared pathway. The Shellfish Warden's comments were read into the record. He referred to the unsatisfactory conditions at the abutting cushner property. He would encourage the commission to accept the offer for reseeding monies although he feels this does not constitute an acceptable substitute for productivity. Mr. Henchy read the conditions he proposed for the property. Mrs. Simmons asked if he felt these to be legally enforceable.