10/23/1991 ZONING BOARD OF APPEALS Decisions

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i� Board of Appeals Ronald McCarthy - SP-91-56 2. Comments were received from abutters and neighbors in favor of, and opposed to the Petition. Comments were received from the Shellfish a Constable suggesting a modification of the dock proposal. s Upon motion duly made and seconded the Board of Appeals voted unanimously on December 11, 1991 to grant the Special Permit. The Permit is referenced by plans 72291 and 81291 by Cape & Islands i Surveying dated December 17, 1991. The Board found that the use is in harmony with the purpose and intent of the by-laws and complies with the provisions therein. The Board determined that the extension shall not be more detrimental to the neighborhood than the existing nonconforming use and is consistent with the improvement of properties in the surrounding area. The Board stated that the grant of this Special Permit allows for the construction of the dock and float complex with floats having Y a dimension of 8.5' x 24' , together with the installation of a mooring pile, which pile would be situated within 25 feet of the applicant's property line. The Board understands that additional permitting by the Army Corps of Engineers is required, and further understands that that permitting may preclude the installation of the mooring within 25 feet of the property line as shown on the revised plan submitted to the Board. In that event, the Board deems this Permit sufficient to permit the utilization of the so-called alternate float plan which calls for floats having the dimension 32' x 6-1/2' , all lying 25 feet or more from the applicant's property line. No further action by the Board will be required to construct this pier and float complex pursuant to that alternate development scheme, other than documentation demonstrating the denial by the Army Corps of Engineers of the utilization of the mooring pile within 25 feet of the property line.