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Old 05-21-2021, 10:09 PM   #1
P-3 Guy
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Yes, and that is clearly an exception for intermittent use, such as a barge needing an extra half hour on a random day. The general prohibition is against commercial use except for an hour. I’m fairly certain the selectmen would not view their authority to extend to permit a commercial enterprise to be based on the town dock by virtue of their ability to let a commercial vessel dock intermittently beyond one hour. What is being proposed is far beyond the limited exception the ordinance provides.
I guess we'll have to agree to disagree on this. I see nothing in the ordinance language to indicate that written permission from the select board for commercial docking beyond one hour can only be a limited exception. Now, individual select persons may be reluctant to provide written permission that's as sweeping as Mr. Wood desires, but I don't think that the ordinance as written restricts the board from doing so.
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Old 05-22-2021, 07:13 AM   #2
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I guess we'll have to agree to disagree on this. I see nothing in the ordinance language to indicate that written permission from the select board for commercial docking beyond one hour can only be a limited exception. Now, individual select persons may be reluctant to provide written permission that's as sweeping as Mr. Wood desires, but I don't think that the ordinance as written restricts the board from doing so.
We can agree to disagree on this one. Even under your interpretation, and based on their statements at prior meetings, I don’t see the board of selectmen permitting a commercial operation being based on the wharf without at least a public hearing.

The real point of raising the ordinance (the proponent asked for legal authority on intermittent use), though, is it prohibits commercial use like the one being proposed and expressly permits barges to use it for an hour.

So hopefully we can stop with the nonsense about comparisons to barges and “discrimination” against full-on commercial operations based on the wharf for 4-5 hours per day.
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