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17 April 1997 <br /> Page 4. <br /> Mr. Sherman stated before the dock is berthed, statistics on the boat will have <br /> to be provided and the depth from the waterline of the boat to the bottom of <br /> the propulsion unit should not exceed the depth at Mean Low Water. Mr. <br /> Locarno would be happy to do that. <br /> Atty. Gildea stated Mr. Locaarno indicated the only resource to be affected i <br /> Land Under a Water body. In addition to not identifying all the resource <br /> areas involved, he has proposed no mitigating measures. These deficiencies <br /> have been raised since December and the Notice of Intent not amended. It <br /> should not be acted upon by the Commission as the abutters feel it <br /> incomplete. <br /> Mr. Sherman stated the resource areas are correctly noted at present. <br /> Atty. Gildea had not been provided a copy of the amended notice. She stated <br /> when the existing structure was permitted ed lay the Board of ,Appeals, it was <br /> limited to dinghies only. No special permit has been sought by Mr. Locarno as <br /> required by Mashpee zoning ordinance.. <br /> Mr. Slavinsky stated the procedure is to come before the Commission and <br /> then file with hoard of Appeals to alter or obtain a special permit. Mr. <br /> Sherman stated the Commission cannot issue until they get Board of Appeals <br /> approval. <br /> Atty. Gildea read from the regulations re obtainable permits, 1+72. that an <br /> application will be deemed incomp lete hearing continued and no Order of <br /> Conditions issues until all other applicable and obtainable permits and <br /> licenses have been .issued. 'Their position is that Mr. Locarno has not net the <br /> Burden of Proof. She stated she could not see where it is stated this dock is <br /> owned by two lot owners. There is a dock easement on record benefiting two <br /> lots. She stated her clients have gone to the expense to show this land clops <br /> contain shellfish. she suggested bring i <br />