1/7/1988 CONSERVATION COMMISSION Minutes

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Maspee Conservation Commission Meeting of January 7, 1988 Page 3. A A -CO TI UED Dr. Cushner speaking With the tremendous area of marshland , anything pounded into the ground or moored in the area will affect the currents. If a permit is granted, there will be boats moored at this dock 'and there will be parking in the street. The use of the land -without a house on it Will be for social reasons. He stated opposition to the proposal . Attorney Matthe . Dupuy , representing Dr. Cushner and Mr. Glick* He ad- vised there is a deed restriction which outlaws any use of the property other than residential , which in itself is enough -to deny the permit. If the Commission approves the dock on an- unbuildable lot , due to Board of Filth requirements, what would happen if someone cones in with a 1 acre lot, unbuildab-le based on zoning? He stated if the Con'sis ion' s' only ,jurisdiction is the Wetland protection and not the ,dock as an- adjacent use to a house, then the Commission is in for. a proble lith the' environment. pier, ramp and float is an '.accessory ;..-use end it is impossible to have an accessory 'use if you do' not have a primary use Until - Mr '* afro sett I es theproblem with the hoard of Health, the Board f. Appeals has no authority to issue a special per- mit; .H stated h-i - clients could not be - so concerned if there was a house an this property. s eh-r an stated this is outside the purview of the Commission, Atty. , Dupuy stated the Commission has. the authority to table it, Mr. Rosenberg asked if there is an automatic stay of the Board o Appeals decision and Mr. Kirrane stated he did not believe the Build- ing Inspector would issue a building permit. Mr. Rosenberg asked, by statute, is there an automatic stay or -eten- sin of the Board of Appeals decision when an appeal is filed during statuatory period? Doesn' t the statute provide that the decision is suspended and not effective? Mr. Kirrane stated if an applicant desires to do so at their own risk, they could do so. There is an assumption that the Board of Appeals decision is correct. Mr. Rosenberg asked if there is a Hearing to Novo on this -at theSup- erior Court and K 'r, Kirrane stated there is . Mr. Rosenberg stated from that point of view there is no assumption that this is correct until overruled by the court. It is suspended without the necessity of an injunction. Mr. Kirrane stated this is correct, the building in- spector mould not issue a permit with the filing of the appeal . Ms Behrman stated, a written ruling from Town Counsel will be obtained as to whether approval of the .load of Appeal is granted and whether the Commission should issue a decision. Mr, Sanicki stated he cannot continue the process without local app- roval . He needs to apply to the State for a license and Argy Corps o Engineers for a Federal permit. The time to acquire these permits would b a eight months and the legal issues settled in that period o time .