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

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Board of Appeals Minutes - March 22, 1989 Page 3. • John Malloy (cont.) Mr. Henchly, an attorney for the abutters, asked if a notice of intent had been filed with the D.E.Q.E. Mr. Toomey stated it had not been done. Paul Somerville, Shellfish Warden, read a report of the Shellfish Commission stating that they felt there would be substantial disruption to the marine environment. He showed photographs of the area and discussed the possibility of a community dock. Mr. Hanrahan asked what a community dock would do that an individual dock would not. Mr. Somerville responded that all of the activity would be concentrated in one area. Mr. Halpern read a letter from the Conservation Commission stating that the area contained a significant number of shellfish and concurring with Paul Somerville's recommendations. Mr. Toomey stated that the dock had been moved and reconfigured in order to cause minimal damage to the area. Mr. Hanrahan read the old by-law relating to docks. He stated that from the testimony presented there was inconclusive evidence of the disruption of the marine environment. • Mr. Toomey stated that any disruption would be limited to 12 square feet. He said he has tried to accommodate the concerns of the Shellfish Commission and the Conservation Commission. Conservation will not hear the proposal until the Special Permit is granted. Mr. Henchly stated that the burden is upon the applicant to prove to the Board that they are entitled to relief. . Paul Somerville read excepts from A.C.E.C. regulations and said shellfish protection should be the same in an area outside of the A.C.E.C. Mr. Malloy reported to the Board that he suffered from arthritis and would not be able to use a community dock. Mr. Toomey stated that he did not think that anything that related to A.C.E.C. should be considered by the Board since this area is not included. He said he thought that they had carried the burden of proof in the testimony of Mr. Gray which reported that any area of temporary impact would be limited to 12 square feet in the area where the piles are driven. He said there is no information that the shellfish population would be any less in the long term. He explained that they cannot get any other permits until the Board of Appeals has acted. Mr. Makunas voted to take the petition under advisement. Mr. Halpern seconded. All agreed.