5/28/1997 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes -May 28, 1997 3. Ciary M. Locarno TR, -Requests a Modification of Special Permit 90-01-01 for permission to add a 4' x 15' ramp and 6' x 30' float to an existing 4' x 108' walkway on property located in an R-3 zoning district at 51 Waterline Drive South (Map 120, Block 145). Special Perniit 90-01-01 was issued to Harold Cohen on February 21, 1990 for a walkway to provide access to Great River Cove for two adjoining lots at 51 Waterline Drive South and 47 Waterline Drive South(Map 120, Block 146). Members sitting: E. Govoni, C. Hawver, M. Makunas Mr. Govoni informed the Board that they have no authority to condition size of boats used at any docks and Mass. Law states that only the Harbormaster has this power. Engineer John Slavinsky represented the applicant. He explained that the Board granted a Special Permit for the property in 1990 for a walkway and the owner now plans to add a ramp and float Mr. Locarno first met with the Harbormaster and Shellfish Constable to review his proposed plans and they both agreed on the location. He explained that a benthic study was done on the property which stated that the proposed dock would not harm any living species. He submitted comments from the Shellfish Constable stating that the area is not conducive to the setting and survival of shellfish. Mr. Govoni read into the record the memos from the Harbormaster and the Shellfish Constable. No continents were received from Conservation. Mr. Locarno explained that he has a handicapped relative and would need the float for his wheelchair. He stated that the dock will be shared with the adjacent lot and that there are 4 other fixed piers, ramps and floats in the immediate area, three of which are substantially .......... larger than the proposed dock. He said he had reviewed his plans with the Harbormaster, Shellfish Constable and Conservation Commission before he purchased the property and they saw no problems. He later learned of dissenting neighbors who share a fixed pier, ramp and floating dock in the same area. Don Power, owner of an adjacent lot, informed the Board that he will share the dock with Mr. Locarno although he does not have a boat. Attorney Fain Gildea represented the abutters in opposition to the application. She questioned the information which had been submitted to Conservation. Midge Lipkin, an abutter, said she had purchased her home 10 years ago and was told her property had to share a dock and that there was a moratorium on docks. She also stated that she understood a dock had been denied on the subject property. George Darcy, the abutter who shares the dock with the Lipkins, questioned the size of boats at the float. Mr. Govoni noted that the abutters were opposed to the 1990 walkway permit. Mr. Govoni said he reviewed the plans with the Harbormaster and there were no objections and that the Harbormaster can regulate the size of boats. He also stated that the shellfish beds have changed since 1990.