1989 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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f- t r , t acknowledge or investigate my assertions in this matter and felt comfortable in accepting Sabatias information without question or further investigation. Last but not least neither the minutes nor the decision mention anywhere that ane member of the Zoning Board of Appeals asked a direct question of the applicant's consultant as to whether or not he could categorically determine if the structure would or would not cause substantial disruption of the marine environment and Mr.Gray replied that NO,he could not make that determination based on the information available. It seems ludicrous that the applicant's own consultant could not make the determination,however,the Zoning Board Appeals found sufficient information to make their decision in favor of the application's ability to meet the standards set forth by the applicable by-law. Based on these major objections, among others, I ask that this letter of my objections go on record with the Board of Appeals and that this letter be included in the file of this case. I further ask that the Board amend the minutes of the meetings involving this case and that it state the fact that both the Conservation Commission and the Shellfish Commission both agreed in their recommendations to the Board of Appeals that the project be denied based on the fact that they did not feel that the project could meet the performance standards required by the Special Permit By-Law 6.3.I.9. Further that the minutes and the derision reflect the strident objections to the situations that I have outlined in this letter. I continue to object to the Board's refusal to consider the effects of the use of these types of structures as set forth on the application when considering the ability of this structure to cause a substantial disruption or degradation of the marine environment I feel that the purpose of the zoning by-law is to allaw individuals to apply for things bice docks and piers as long as these projects do not take precedence over the desires of and at the expense of the townspeople. I feel that the by-law with regard to these projects clearly is meant to allow some structures as long as they can be constructed and used without the loss of marine resources. As I have stated,I do not feel that this is going to be possible in all locations. Failure to consider all aspects of these structures does not show a concern for the interests of the townspeople that is evidenced by their desire to have this type of situation subjected to the Special Permit procedure. Once again, I state that your oft-mentioned°discretionary powers"only seem to be used when it favors the applicant,not in making a fair and balanced determination Tbank you, Paul Somerville