1989 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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• BOARD OF APPEALS John Malloy SP-87-04-032 Page 3. ;a Based upon the foregoing, the Board of Appeals has reached the following findings: 1. The walkway, dock, ramp and float will not unduly interfere with free passage of travel by water inasmuch as a dock on an abutting property extends further into the Great River than the Dock proposed by the Malloys. Moreoever, the Harbormaster has not expressed any opposition to construction of the Dock. 2. The Dock will not cause or contribute to the substantial disruption of the marine or coastal environment. As more fully set forth in the testimony and other evidence considered by the Board of Appeals, the Malloys agreed to redesign and reconfigure the Dock in accordance with recommendations of the Conservation Commission and the Shellfish Commission. Construction of the Dock as redesigned and reconfigured will cause no substantial disruption of the marine environment. As more fully set forth in the Shellfish Study submited by the Malloys, the standing crop of shellfish in the area of the proposed Dock is below the'threshhold ','rule of thumb" used by the Division s of Marine Fisheries for commercial and-recreational fishing. Moreover, construction of the Dock will temporarily disrupt only an approximately twelve square foot area within the Great River. The Board of Appeals also notes that opposition to the construction of the Dock was expressed by both abutters to Lot 166, and that both abutters currently maintain docks on their respective properties, one of which extends further into the Great River than the Dock proposed by the Malloys. Based upon the oral and written testimony received and considered by the Board of Appeals, the Board determined that granting this Special Permit would be in harmony with the general purpose and intent of the ordinance or by-law and would not be a detriment to the surrounding neighborhood. Upon motion duly made and seconded the Board of Appeals voted unanimously on June 14, 1989 to grant the Special Permit for construction of the Dock in accordance with Cape & Islands Surveying Plan 012489 dated January 24, 1989.