7/15/1992 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - July 15 , 1992 6 . Selectman Nancy Caffyn said that Paul Somerville had approved the original plan which allowed people to walk under the dock and suggested that Dick York, current Shellfish Constable, review the new plans . Mr. Henchy said he had sent plans to the Shellfish Constable . He said the public access issue is under Chapter 91 . He said because of neighbors' objections they have revised plans so that people can walk up and over it . Clifford Dallmeyer, an abutter, said that the 36 ' structure is cutting off the use for children going around the cove . They will have to walk in high grass . Mr . Henchy replied that he knew this was an issue and said Mr. Blythe had tried to avoid inconvenience and would agree to a small boardwalk . He said the property is owned by Mr. Blythe and he is trying to address the concerns of the neighbors . Myles McHugh, a neighbor, asked why the walkway had to be blocked off . Mr . Blythe responded that the end that is touching the land to the banking where the grass starts has 8 ' of sand at high tide . Mr . Friel explained that this is private property and not a public path. Mr . Makunas asked Mr. Henchy if the private property lines still extend to the low water mark and he replied that is still true although people have the right to fish between the high and low water mark. Selectman Caffyn asked how many boats would be docked and Mr. Blythe responded that would be two boats -- 26 ' and 16 ' . • Selectman Caffyn said that she overlooked the property and she had a problem with the distance of the dock from Mr. Blythe' s home. She said the dock is not visable from his home yet noise is going to a problem for the neighbors and there is no one to oversee the activity on the dock. Samuel Ruo, an abutter, said no one objected to a float but he did not think a pier was needed. Mr. Henchy reviewed old plans and said the fact that everyone uses Mr. Blythe' s land is causing these issues and they are trying to accomodate the neighbors . Mr. Friel reviewed the history of the area when there originally was a right of way which was subsequently eliminated. Virginia Landry, a member of the audience, explained that everyone in Popponesset had access to that way before it was filled in. Mr . Friel announced that the meeting would be adjourned and asked Mr . Henchy and the abutters to discuss the plans . Mr . Makunas moved to recess this hearing. Mr . Govoni seconded. All agreed.