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

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Board of Appeals July 11, 1990 5 site but his major concern is that the eelgrass population in this area is extremely important to the bay. He said a float would have shading effects on the eelgrass and the use impact would be damaging. He had visited the area with Mr•. Makunas and Mr•. Friel this past weekend and they could see the visable effects of boating activity on the eelgrass. There were large patches of bare ground near the docks already in the area. Mr•. Somerville agreed with the comments received from Conservation and discussed the importance of the eelgrass as the basis for the food chain in the bay. He suggested a site visit by other Board members. . He asked for• permission to pursue the opportunity to bring Dr•. Fred Short from the University of New Hampshire to address the Board and discuss the importance of eelgrass in a scientific manner•. Mr. Dubin responded that everyone agrees on the cumulative effects of boats on the bay. In areas like this everyone tries to compromise to get a use in keeping with the rest of the area. He questioned Mr. Somerville if there was "middle ground" here. He agreed that a boat has impact on eelgrass if there is eelgrass in the area but this hearing is to see whether the Silvers have access to their boat by crossing the marsh. He stated that the more applicable issue is the shading from the float. That is the type of issue the Board has to be concerned with. He commented that it is the job of the Board to see to the equal application of the law to everyone and the arguments made about the deter•ior•ation of the eelgrass do not apply to only one family but to everyone who has a boat. Mr•. Dubin said there is eelgrass over the bottom of most parts of the town. It does not seem fair to penalize the person who lives near• a healthy eelgrass area. He asked if there were any ways the project could be modified or scaled down to minimize the environmental impact and said he assumed Mr•. Somerville would be willing to have a compromise. Mr. Somerville replied that he did not think any design changes would make any difference since it is the use that causes damage. Mr. Dubin said that people who live on the water will get to the water• by paths in the marsh if they do not have a dock. Mr. Dubin asked if there would be time after• the hearing to explore other possibilities or covenents to reduce the impact. Mr. Makunas asked what kind of boat would be used at the proposed dock. Mr. Silver replied that he did not have a boat but would probably be using a small outboard. Mr•. Makunas asked how long the property had been occupied by the tenant and Mr. Dubin said six years. Mr. Makunas stated that there is no water at the site and in order• to get a prop in the water• they would be constantly in the mud. He said he had visited the site and there is only about 1 1/2' of water• at mean high water. 0 Mr•. Dubin said he believed the owner could stipulate that he