1/9/1991 ZONING BOARD OF APPEALS Minutes

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s Board of Appeals Minutes - January 9, 1991 3. S.C.C.A. Inc. - South Cape Civic Assoc. Inc. - Requests a Special Permit under Section 174-25.1.9 of the Zoning By-laws for permission to construct a dock, ramp and float in an R-3 zoning district on property located at 112 Whippoorwill Circle (Map 125, Block 149) Mashpee, MA. (Advisement from meeting of October 24, 1990) Members sitting: M. Makunas, W. Hanrahan, E. Govoni Mr. Makunas explained that the Petition had been taken under advisement and moved that the hearing be reopened for additional information. Mr. Hanrahan seconded. All agreed. (Paul Somerville) The Shellfish Warden/said that the Shellfish Commission would ordinarily recommend a denial based on the by-law. He said that there were three waterfront lots in the area without docks. He said that a community dock would concentrate the activity to one area. He referred to a memo from S.C.C.A. listing lots with deeded rights to the common area to be used for a community dock. Mr. Somerville said he had discussed the permit with Town Counsel and understood that the Board of Appeals could grant this permit with some restrictions on the other two lots. Mr. Makunas said it was the Board's responsibility to discuss the options with Town Counsel. Mr. Boyd said Town Counsel said there could not be any restrictions. Mr. Hanrahan stated that subsequent applications from individual members of the Association would be taken in context with the fact that a Community dock would be pre-existing. Mr. Makunas said that any additional docks to go in would add to the impact on the environment. Mr. Hanrahan said that the Board cannot restrict access to paid up members of the Association but could say that the Board hoped that this would be used by members of the Association, therefore, mitigating the effect on the environment. Future applications would have to be taken on their own merits. Mr. Makunas asked Mr. Somerville if he would feel more comfortable if a statement was put into the decision that the agreement to allow this particular dock would impact the possibility of future docks in the area from being granted because of the availability of a community dock in the neighborhood. Mr. Makunas reviewed the memo from S.C.C.A. and said Town Counsel had ruled that the dock must be accessible to all and the Board of Appeals cannot limit dock usage to paid-up members. Ben Lofchie, a member of the Association, asked if the dock would be available to John's Pond residents. Mr. Makunas said that was not the intent. Mr. Hanrahan explained that the Association would have to find a way to police the usage. Mr. Govoni moved to grant the Special Permit. Mr. Hanrahan stated that the Board cannot preclude anyone else from coming in with an application. Mr. Hanrahan seconded. All agreed.