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

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Board of Appeals Minutes - October 24, 1990 • S.C.C.A. (continued from September 26, 1990) Members sitting: M. Makunas, W. Hanrahan, E. Govoni 5. Engineer David Sanicki represented the applicant. He presented plans for a dock to be used for the South Cape Civic Association members. He explained that those who have deeded rights to the lot would be able to use the dock. Paul Somerville, Shellfish Constable, reviewed the plans and said the dock exceeds the 70' allowed in the by-laws. Mr. Makunas said the Board has only considered the lineal length of the dock. Mr. Somerville said he always considered the total length to be 70'. Mr. Somerville said the application stated a community dock. He said this was an association dock with multiple ownership. He said there was a soft-shell clam bed and quohog beds and some scallops in the area. He was concerned about the impact on the family area for quohog fishing. He said he agreed with the Sabatia shellfish report. He said the project was more objectionable because of the degree of use. He said there are several other lots in that area that do not have docks at the present time and presented maps of the area. He reviewed the plans and said there were 3 out of 7 lots without docks. He would approach this from a community structure if owners of lots 151, 153, 155 documentation that they would agree never to build docks. He said he would like documentation from the Association stating that this dock would be available to everyone who has rights to Association property whether they are members or have deeded rights. He said there was a limit on the number of lots with deeded rights. Mr. Friel asked if every lot in the Association had rights to the lot. Tom Costanza, a member of the Association, said 14 lots had deeded rights. Mr. Costanza said private individuals were building the dock and it would be given to the Association. Mr. Friel asked if there was a master covenant on all of the lots and Mr. Costanza said it was not on every lot. Nick Santos, a resident of the area, said that Mr. Malloy had sold his lot. Mr. Makunas read a letter from Town Counsel stating that the Malloy property had been sold to Mr. Coffman and a conservation restriction would be placed on the lot so that a dock could not be built. He also read a memo from the Association stating that the dock would be available to those with paid up membership or deeded rights if they contribute to maintenance. Mrs. Santos said they can say that the waterfront people can have access at any time. Mr. Makunas said they would need unrestricted use whether or not they paid dues. He said that any Special Permit could include unrestricted rights. Mr. Sanicki stated that they could not take away the legal rights of the property owners. Mr. Govoni said he had measured the plans and the dock was 74' and Mr. Sanicki said he would revise plan to 70'.