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I./ <br />i <br />Board of Appeals Minutes - April 28, 1993 3. <br />Mr. Maggiore, a member of the Village Committee, said that <br />they were in the process of allocating funds to restore the <br />dock that had been on the site proposed for the Huberman <br />dock. He asked if the residents could access Mr. Huberman's <br />dock or could it be moved so that the other dock could be <br />restored. The previous structure was a walkway over the <br />marsh. <br />Mr. Huberman said that the previous ramp was built by two <br />neighbors without any permission. He said the ramp was <br />given to the Summersea Association and was abandoned in <br />violation of the Wetlands Act. He said New Seabury has <br />given them permission to go over the reserve area and they <br />are not objecting. <br />Mr. Maggiore said that the letter from the ARC said that <br />they must get the approval of the Summersea village <br />committee. Mr. Borselli said abutters had been notified <br />and that the design had been elevated to allow access to <br />the reserve land. He said there were other areas in <br />Summersea which provided better access for a dock. <br />Mr. Makunas said that the issue was who had standing before <br />• the Board of Appeals and that only applicants and owners of <br />record had standing. He said the owner could do the same <br />as the other dock owner and allow for common use of the <br />dock. Mr. Friel said he would not recognize a letter from <br />the ARC allowing use of the land but would require a letter <br />from Christopher Burden as Trustee of the N S Green Nominee <br />Trust. Mr. Makunas said that the Board should not proceed <br />since they have an application on land which the property <br />owner does not control. <br />• <br />Mr. Makunas moved to take the matter under advisement. Mr. <br />Friel asked for an amendment to take it under advisement <br />for 45 minutes to allow all interested parties to try to <br />reach an agreement. Mr. Govoni seconded. All agreed. <br />Mr. Friel moved to recess for 5 minutes. Mr. Govoni <br />seconded. All agreed. The meeting reconvened at 8:35 P.M. <br />Joseph Bousa - Requests a Special Permit under Section <br />174-25.2.9 of the Zoning By-laws for permission to <br />construct a walk, ramp and float to replace an existing <br />dock in an R-3 zoning district on property located at 30 <br />Spoondrift Way (Map 111, Block 124) Mashpee, MA. (owner of <br />record: Massimo A. Giordano). <br />Members sitting: J. Friel, M. Makunas, E. Govoni <br />