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

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• • • Board of Appeals Minutes - January 24, 1990 Page 4. Mr. Lolito informed the Board that lie had prepared a report -for Conservation which Mr. Kobe had included in the information furnished to the Board of Appeals. Mr. Sanicki stated that testimony had indicated that he had made no effort to obtain a State permit. He said he could not apply for State permits until he had the local permis. He presented a 1972 photograph showing a dock on the subject property. The photo had been obtained from the Corps of Engineers. Mr. Makunas noted that the floats in the picture were at a different angle. Mr. Sanicki said that they had discussed with Conservation returning to the original configuration but the current configuration was preferred. He said they were recognizing the environmental aspects and are not proposing any construction in the marsh. They recognized the bottoming - out problem and if the Board wishes to condition a permit on a revised plan to remove a float and extend the fixed structure Mr. Moskowitz would agree to do this. Mr. Makunas questioned the Board members on whether the Board was acting on this as a pre-existing structure or as a new dock application. Mr. Govoni said he saw no problems in permitting the existing structure if the Conservation and Shellfish concerns were addressed. Mr. Sanicki informed the Board that a part of Mr. Franchi's suit against Mr. Moscowitz states that he will drop the suit if the dock cannot be permitted. Mr. Makunas replied that he wanted the Town to have the option to mak-. modifications in existing docks if there were legitimate requests. Mr. Sanicki replied that they were willing to make modifications. Robert Sherman, Conservation Agent, said that Conservation had no commenton the dock structures due to the current litigation. Mr. Makunas asked Mr. Sanicki if he was going to withdraw the plan. Mr. Sanicki replied that he would like to review the plans with the Conservation Commission and then revise plans. He asked if he could submit revised plans to the Board of Appeals and Mr. Makunas and Mr. Govoni agreed that this could be done. Mr. Govoni commented that he did not see how the dock could have accomodated any size boat if it were 20' shorter. the Mr. Lolito questioned / effect of a moon tide causing scraping on the bottom which might damage shellfish. Mr. Makunas moved to take the Petition under advisement.. Mr. Govoni seconded. All agreed.