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

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Board of Appeals July 11, 1990 4 • Mr•. Makunas moved to grant the Special Permit. Mr. Hanrahan seconded. All agreed. Seymour Silver• - .(Owner• of record: Shirley Silver) - Requests a Special Permit under Section 174-25.I.9 of the Zoning By-laws for permission to construct a walkway, dock, ramp and float in an R-3 zoning district on property located at 43 S. Waterline Drive (Map 120, Block 148; Map 120, Block 147) Mashpee, MA. Seymour Silver - (Owner of record: Shirley Silver) - Requests a Variance from Section 174-25.I.9 of the Zoning By-laws for permission to exceed a dock length of 70 feet in an R-3 zoning district on property located at 43 S. Waterline Drive (Map 120, Block 148; Map 120, Block 147) Mashpee, MA. Mr. Hanrahan stepped down from the Board for• this hearing and left the room. Members sitting: C. Hawver, M. Makunas, J. Friel. Attorney Richard Dubin and John Slavinsky r•epr•esented the applicant. Mr. Slavinsky reviewed plans showing the general area and all docks within 300 feet as well as the Silver• dock plan. Mr. .Dubin informed the Board that the same applications had • been submitted in 1989 and withdrawn pending Town Counsel's confirmation that the Board had the authority to grant variances in dock lengths in excess of 70 feet. He presented a copy of Town Counsel's letter• stating the Board had this power. He discussed the recent Town Meeting action which did not change the authority of the Board. Mr. Dubin said that the feature which distinguishes this lot from adjoining lots in the neighborhood which all have docks is the unusually large amount of marsh land in back of it. He said that the marsh can be crossed and is dr•y most of the time. He said a raised walkway would preserve the marsh. Ms. Hawver read a memo from the Conservation Commission opposing the applications, a copy of which is attached. Paul Somerville, Shellfish Constable, reviewed the history of the by-law limiting dock lengths to 70 feet. He said that if one listened to the tape of the Town Meeting at which the by-law was presented it is evident that the specific intent of the Shellfish Commission was to preserve the marshes by preventing excessively long structures over 70 feet. He expressed the opinion that granting the variance would be contr•ar•y to Town Meeting vote. He questioned the legal aspects and said he would like to meet with Town Counsel.and the Board members to discuss them. He explained that there is a productive quahog habitat at the