1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

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Mashpee Board of Appeals Minutes - January 24, 1990 Page 3. Mr. Makunas said he would prefer to hear the application as a • proposed dock. He said there were too many questions as to what had existed and did not want a Board of Appeals document to be used to legitimize a law suit. Robert Sherman, Conservation Agent, said that Conservation had been asked for a permit to relocate the stairs. In reviewing the plans they noticed what they believed to be alterations to the dock. The Applicant then agreed to file for the dock as a separate entitv and the hearing on the dock before Conservation is scheduled for January 25, 1990. Paul Somerville, Shellfish Constable, commented that he would prefer a new configuration on the floats. He said the inner float sits on a shellfish bed and he would prefer to have the pier extended one more section. Mr. Sanicki asked if it would be feasible to cut the 20' float in half and have a longer ramp. Mr. Somerville replied that he would prefer to see the 20' float further out in the water. James Kobe, attorney for Mr. Franchi, a direct abutter, addressed the Board and presented Board members with written comments and copies of correspondence on the case. He questioned the statement that the Army Corps of Engineers had declared the dock "grandfathered". He said that Robert Sherman, Conservation Agent, had measured the docks and determined that the Moskowitz dock had been extended 20' in 1988. Mr. Sherman then communicated with the Army Corps of Engineers and was informed that if the dock had been extended it would require a permit. • Mr. Kobe reported that Mr. Moscowitz had received two letters from the D.E.Q.E. informing him that his dock had been illegally extended. Mr. Kobe commented that this is not simply a request to allow a pre-existing use. He suggested that a Special Permit be conditioned on Federal and State permits. He stated that the dock is in a narrow portion of Popponesset Creek and Mr. Franchi claims that boats cannot pass in the channel at low tide. He said that the previous owner of the Moskowitz property had wanted to extend the dock and was denied. Mr. Kobe said that the dock portion was put in without a permit and that environmental issues were never discussed. He was of the opinion that the dock is impacting on shellfish beds and that new pilings had been added. Mr. Kobe remarked that his client, Mr. Franchi, is also opposed to the stairway being located 16' from his lot line. Paul Lolito, an environmental consultant representing Mr. Franchi, informed the Board that there are five resource areas associated with the construction and existence of this dock: a lot of velocity, saltmarsh, coastal bank, coastal beach and shellfish beds. He said there has been no coverage of the environmental issues related to this project.