04/28/1993 ZONING BOARD OF APPEALS Minutes

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t • Board of Appeals Minutes - April 28, 1993 2. Peter J. Huberman - Requests a Special Permit under Section 174-25.1.9 of the Zoning By-laws for permission to construct a pier, ramp and float in Ockway Say in an R-3 zoning district on property located at 137 Summersea Road (Map 105. Block 64) Mashpee, MA. (Continued from March 24, 1993). Members sitting: J. Friel, M. Makunas, E. Govoni Engineer Mike Borselli represented the applicant and explained that the continuance had been requested in order to complete information requested by the Conservation Commission on shellfish resources and effect of prop wash. He said a design change was made to mitigate any damage to the shellfish beds. The dock is now entirely fixed and set 3' above high water line. He submitted New Seabury correspondence allowing the pier to cross reserve land and reviewed maps of the reserve area and explained that there was a path next to the Huberman lot line which provided access to the water. Mr. Friel stated that the Board had received many comments and phone calls on the application and reviewed the • correspondence. John Ferriday, Chairman of Summersea Village Committee, presented the Board with a copy of the covenants of Summersea and explained that structures in the reserve areas must be designed for common use of all residents. He reviewed a map of the reserve area in question and said it was the responsibility of the Summersea Village Committee to protect the rights to this area. He said that the owner was N S Green Nominee Trust but the Village Committee paid the taxes. Mr. Ferriday explained that there were two existing docks in the area, owned by Messrs. Metisto and Luconi and that the proposed' dock would prevent any construction of a community structure. Mr. Ferriday explained that there were the remnants of a dock on the site which had been built for residents use. He said he had met with the New Seabury Architectural Review Committee for a determination of the meaning of the covenants and they stated that the reserve areas were for common use. He explained that there had been another case of a dock at 8 Summersea Road where the owner granted the right to use her dock to those with a legal right to the reserve land. Mr. Ferriday said the ARC Should have notified the Summersea Village Committee. He said the Village committees have no legal status but all belong to the Peninsula Council.