Another complaint has been filed in Superior Court relating to the Ferry Landing Boat Launch facility on Westport Island.

E. Davies Allan, Paul Nergaard, and Michael E. Sterns filed the motion last week. This is the second motion presented to the court by the three residents.

The first complaint is asking the court to vacate the decision of the Board of Appeals with instruction for further proceedings by the Board of Appeals, which would allow the three men an opportunity to be heard in the appeal process.

The second complaint filed by the three residents is asking that James Katsiaficas, the attorney advising the Board of Appeals, be disqualified due to his alleged conflict of interest regarding the appeal.

During an interview with one of the plaintiff's in the two complaints, Paul Nergaard said, "I can say unequivocally that all three of us favor the boat launch. The reason for the appeal is public safety and health."

Apparently the three men became very frustrated with the Planning Board and the Board of Appeals because they were not allowed to present any evidence in what they considered to be important safety and health issues for Westport Islanders. "The opponents had no opportunity to present their evidence," Nergaard said.

The issue of safety at the intersection of Route 144 and the Ferry Road was solved at town meeting when the voters approved taking down the hill that created a serious sight distance problem, according to Nergaard.

A problem with the location of the boat launch on the site is of concern to Nergaard.

"The location of the dock is not good," Nergaard said. "It is not a good place to put it because of the current." The current goes one way near the shore and in another direction just a few feet away, which creates swirls, making it difficult to launch a boat in that area, according to Nergaard.

He suggests moving the boat launch to another area on the property where there is no tidal current, parallel to the current and no marsh grass to be moved. The town's proposed site requires that marsh grass be relocated.

The proposed location change would also add value to the house on the property, since the boat launch would be to the far right of the house, not nearly as close as the town's proposed site.

Another issue of concern with Nergaard is the proposed plan for the septic system. According to the plan the well is only 66 feet from the septic, and the ordinance requires 100 feet. "The town would have to grant itself a variance," Nergaard said.

"We [Allan, Sterns and Nergaard] wanted to present the proposed change to the Board of Appeals but were not given the opportunity," Nergaard said.

The purpose of the appeal to superior court by the three residents is to have the opportunity to present their issues, concerns and recommendations to the Board of Appeals, not to condemn the project, he said.