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Mashpee Board of Appeals Minutes - August 23, 1989 Page 4. Members sitting: Cheryl Hawver, Michael Makunas and Richard Halpern Attorney Richard Dubin and Engineer John Slavinsky represented the • applicants. Mr. Dubin explained that he would be asking for a continuance on this petition but asked that the Board hear his presentation now to determine what further information would be necessary. Mr. Dubin explained that R. 5 M. Realty Trust had owned two adjoining lots, Lots 56 and 57, and received an approval for a dock from the Conservation Commission. The dock was to be used jointly by the two lots. The dock was incorrectly built directly behind the house on lot 57 and errors were made in recording the deed to provide access from lot 56. He explained that the proposed walkway to the float would intrude the least on the neighbor's land. Mr. Dubin said if the dock were moved between the two lots there would be additional impact on the wetlands. He said there is a disagreement between the two owners which they felt might be resolved with the approval of this walkway. He reviewed the need for legal clarification of the powers of the Board of Appeals to grant the Variance. Mr. Depietri, owner of lot 57, said he would not allow the dock to be used with any other access from lot 56. Mr. Dubin explained that the purchase and sale agreement on lot 57 stated that the use of the dock was to be shared. When the deed was recorded this information was omitted. Mr. Depietri said he was not in favor of the walkway but was trying • to work it out and this was the least objectionable. George Darcy, a neighbor, said that area residents have been very cooperative about joint piers. He said New Seabury has been encouraging joint docks. He recommended that only one pier be allowed on this application. Mr. Dubin was asked dimensions of the walkway and replied that it would be 190' total and 120' from edge of wetlands. Mrs. Zuckerman, a neighbor, stated that this was a very small cove. John Slavinsky reviewed docks in the area and said Mrs. Zuckerman's dock was 105'. Ms. Hawver presented two letters from abutters in opposition to the plans. Paul Somerville, Shellfish Constable, read comments in opposition to the petition. The comments were the same as those presented in the previous Silver hearing. He said an additional dock application might • be coming on an adjoining lot, Lot 55. •