HomeMy WebLinkAbout215 Bridge StJOHN R.ALGER
THEODORE A.SCHILLING
ALGHR &SCHILLING
ATTORNEYS AT UAW
see MAIN STREET
P.O.BOX AAO
OSTERVILL.E.MASS.oa65S-0063
March 9,1983
Barnstable Conservation Commission
Town Office Building
Main Street
Hyannis,MA 02601
3lS
OsWvi 1
TeuepHONE 428-6504
Area Code ei7
Re:Application of Silvia and Silvia for a pier permit \
-c-
Gentlemen:
To follow up on my comments at the hearing on the above
application on Tuesday,March 1,1983,the applicant,Silvia
and Silvia,is the owner of Lot 13 on Land Court Plan 9556j
and proposes to construct a pier off of that lot.Lots 11
and 12 on that plan are owned by John^Donlev.Lot 14 by
Joseph W,Sullivan and (^t^lO~^y Regina M.~Silvia^;
Although you are not charged under the Wetlands Act with the
enforcement of the zoning by-laws,it does seem unfair to us
to allow these hearings to proceed without setting forth the
zoning objections and then after all wetlands permits have
been granted raising objections.
I think it is clear that in a residential zone piers are
only allowed as accessory uses to residences.Since Silvia
and Silvia owns no other land other than this strip,they
could not properly have an accessory use.Further,if this
strip were conveyed to Mrs.Silvia,which as of March 4th
had not been done,it still would not be contiguous land and
would not be permitted as an accessory use.
Further,the owners of Lots 11,10 and 14 have a right of
way on foot over Lot 13 and any pier would interfere with
that right of way.
Finally,under the By-laws of the Town of Barnstable,
Chapter 3,Article 28,effects on recreational interests and
on aesthetic interests are taken into account as well as
effects on navigation.Certainly the pier proposed would
interfere with the use and operation of both the Sousa and
the Donley piers as well as the right of way of Joseph
Crosby,all affecting the recreational interests,and the
Barnstable Conservation Commission
Page 2
March 9,1983
proliferation of piers on a fifteen foot (15')strip of land
will adversely affect aesthetics.
ge
cc:
Very truly yours.
Barnstable Planning Board
Joseph Daluz,Building Inspector
Robert D.Smith,Town Counsel
L.C.9556
Cert.16/59
SUBDIVISION PLAN OP LAUD IN BARNSTABLE
Edward E,Kolloy,Surveyor
February 7,1980
^'od/e
9556 G
200 ±
L.C 9556
(^^rt 16/591
84.57 N72°2050''w ^246
\^0'-iO-IK ^^c.B
j)727.-
Edi//i M.Crosby S,\\yi ^
Catherine M.
L.C.95SB^
Cert.2/50
C,
Subdivinion of Lot C
Sliovm on Plan 9556®
Pilnd v/lth Cert,of Title No.896O
RoiXistry District of Barnatable Coimty
Separate certificates of title may be issued for land
shown hereon as.-fpJL JQ.IbcotiQb.J4..wclusi^e.
By the Court.
^y9y?UJJ??9 n '"rJcordc?.
N 72°
SiWiO-
Copy of p3 ft ofpion
•wed in -
LAND REGISTRATION OFFICE
AUGUSTif,1900
Scdh of thisplan 80 feet to on inch
p.I..lYoodbury,fngincorfir Court