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Board of Appeals S.C.C.A. Inc. 2. <br /> A memo dated October 22, 1990 was received from the <br /> South Cape Civic Association, Inc . stating that the dock <br /> would be used by all paid up members of the Association and <br /> those who have deeded rights as long as those who have deeded <br /> rights contribute to the maintenance and support of the dock . <br /> A memo dated December 26, 1990 was received from the <br /> Association listing the lots with deeded rights . <br /> Testimony was received from residents of the area <br /> stating that private individuals were building the dock and <br /> that it would be given to the Association. <br /> The Board of Appeals, after carefully considering all of <br /> the facts and evidence submitted at the hearings, made the <br /> following findings : <br /> 1 . the site is a 5 . 2 acre lot bordering Great River <br /> and reserved for the recreational use of residents <br /> of the South Cape Estates and Quail Hollow Village <br /> for beach and boating activities . The site is <br /> both adequate and suitable for the proposed use. <br /> 2 . the proposed community dock would provide more <br /> convenient access to the water and relieve the <br /> current storage of dinghys on the land. <br /> 3 . the Board determined that they do not have legal <br /> authority to restrict access to paid up members <br /> of the Association or those with deeded rights to <br /> the lot . <br /> 4 . the Board found that if the dock was used by all <br /> members of the Association it would mitigate the <br /> effect on the the environment by limiting the <br /> number of docks in the area. The Board agreed that <br /> the permitting of this particular dock would impact <br /> the possibility of future dock permits being <br /> granted in the area due to shellfish environmental <br /> degradation which would probably take place if more <br /> docks are allowed . <br /> 5 . the Board determined that the use is in harmony <br /> with the general purpose and intent of the zoning <br /> by- laws . <br /> 6 . the Board determined that the structure would not <br /> unduly interfere with free passage of travel by <br /> water or land and would have minimal effect to <br /> cause degradation to the coastal shellfish <br /> environment . <br /> 7 . The Board further found that the beneficial effects <br /> of allowing a community dock outweigh any adverse <br /> effects . <br />