1990 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

Home Browse Search

Board of Appeals S. C. C. A. SP-90-78 2. Mr . Makunas read a letter• from Town Counsel stating that lot 151 had been sold and that a conservation restriction would be placed on the lot prohibiting any dock. construction. Written comments were received from Robert Sherman, Conservation Agent, stating that the Commission could consider• approval if the Association could guarantee that nearby land-owners not having docks would be provided with surety of access to the Association dock. A memo dated October 22, 1990 was received from the South Cape Civic Association, Inc. stating that the dock: would be used by all paid up members of the Association and those who have deeded rights as long as those who have deeded rights contribute to the maintenance and support of the dock. A memo dated December• 26, 1990 was received from the Association listing the lots with deeded eights. Testimony was received from residents of the area stating that private individuals were building the dock: and that it would be given to the Association. The Board of Appeals, after• carefully considering all of the facts and evidence submitted at the hearings, made the following findings: 1 . the site is a 5. 2 acre lot bordering Great Fiver• and reserved for the r•ecr•eational use of residents of the South Cape Estates and Quail Hollow Village for beach and boating activities. The site is both adequate and suitable for the proposed use. ^c. the proposed community dock would provide more convenient access to the water and relieve the current storage of dinghys on the land. 3. the Board determined that they do not have legal authority to restrict access to paid up members of the Association or• those with deeded rights to the lot. 4, the Board found that if the dock was used by all members of the Association it would mitigate the effect on the the environment by limiting the number• of docks in the area. •The Board agreed that the permitting of this particular dock would impact the possibility of future dock permits being granted in the area due to shellfish environmental degradation which would probably take place if more docks are allowed. 5. the Board determined that the use is in harmony with the general purpose and intent of the zoning by-laws.