7/15/1992 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - July 15 , 1992 5 . Frederic W. Blythe - Requests a Special Permit under Section 174-25. 1 . 9 of the Zoning By-laws for permission to constuct a pier, ramp and float on Popponesset Creek in an R-3 zoning district on property located at 228 Wading Place Road (Map 112 , Block 59 ) Mashpee, MA. Members sitting : J. Friel, M. Makunas, E. Govoni Attorney William Henchy represented the applicant and explained that the plans had been revised from an elevated pier to a smaller structure to minimize interference with the view. The plans include a 3 ' x 20 ' fixed pier which would be 2' or 3' high, 3' x 14' ramp and 4' x 36 ' floats . He said Mr . Blythe has an exisiting float in the area. What is proposed is in a similar location with a 5 ' extension which was recommended by the former shellfish constable. Mr . Henchy mentioned correspondence from Brian McDermott, an attorney for abutter Francis J. Reidy, which questioned property ownership if the lot lines were extended to the low water marks. Mr. Henchy stated that when you get into the area between the high water line and the low water line "you run the lines apportioning the flats perpendicular to the shore line in that particular area. So that what happens is the lot lines run, although not shown on any plan on record, but as a matter of common law, perpendicular to the high water mark out to the intersection of the lot line, excuse me, to the low water mark to the high water mark. " He reviewed plans with the Board. Mx . Henchy said that Mr. McDermott' s comments on the definition of the lot lines would deny Mr . Blythe any access to the water . Mr . Henchy stated that in the previous hearing Mr . Reidy rightly claimed that he was responsible for the creation of these lots, for the dredging, etc . and he referred to an agreement which is on file at the Registry which states that the owner of the lot in question shall have the right to construct piers, boardwalks, etc. for boating access. He said they have tried to address neighbors needs and shellfish and conservation concerns . Mr. Friel invited the abutters present to review the plans . Virginia Landry, a member of the audience, questioned how many boats would be used and Mr_ Henchy replied that two boats would be stored there. Mr . Blythe explained that the float had been damaged last year. Mr . Friel read a comment from Gary lynation, the owner of a nearby mooring, stating he was in favor of the dock if it was used only for personal use . He also read a letter from Attorney McDermott opposing the application. Mr. Friel said the original plans had been approved by the Shellfish Constable .