11/27/1991 ZONING BOARD OF APPEALS Minutes

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Board of Appeals - Minutes - November 27 , 1991 4 . they wanted the floats out as far as possible . Mr . Govoni asked how many boats would be using the pier and Mr . Henchy replied that 1 or 2 boats , a 26 ' and a whaler . Mr . McDermott said there were no property lines shown below high water and the applicant must show ownership of the land . Mr . Henchy replied that this issue came up at the Conservation Commission hearing and an opinion was requested of Town Counsel . Town Counsel ' s opinion was that the Town Boards were not the proper place to determine property questions and that the Boards should act in accordance with the regulations they administer. Mr . Govoni moved to take the application under advisement . Mr . Makunas seconded . Mr . Friel opposed . The motion did not carry . Mr . Friel stated he had intimate knowledge of the terrain and he is interpreting the by- law that a permit shall not be granted if structure will cause or contribute to the substantial disruption or degradation of the coastal environment . He ,said the area suffered tremendous damage . He said the structure was too large and he would suggest denial without prejudice to allow applicant to scale down the project . Mr . Makunas stated that the fact that the Board did not receive any written comments from the Shellfish and Conservation Commissions concerned him . Mr. Govoni stated that he wanted to make a site visit before voting on the final decision . Mr. Friel asked to invite the Shellfish Constable to a meeting to have the ability to question him. Mr . Friel made a motion to reconsider the vote . Mr. Govoni seconded . All agreed . Mr. Govoni motioned to take the application under advisement . Mr . Friel seconded . All agreed . Mr . Makunas said the public hearing was closed for new information . Mr. McDermott asked if he would notified in writing if any information was required . Mr . Makunas said Paul Somerville will be invited to the. January g, 1992 meeting .