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i <br /> i <br /> November 1997 <br /> Page 2. <br /> Mr. Rosenberg suggested referring this to the State as this is on State <br /> property. <br /> fir. Sherman stated they had approval from Fish & wildlife for a stairway, <br /> the only way to keep it as it is would be to apply for a variance. If EDEA <br /> grants a variance, it is setting a precedent. If they .are applying for a <br /> variance, they would have to go directly to the Secretary. It was discussed <br /> with dim M hal.a and it was quite clear that if it was in a v-zone, it would not <br /> fly. <br /> Mr. Fitzsimmons asked if there is not some way to restore it to the manner i <br /> which it was originally approved? Aft. Rosenberg stated they do not errant to <br /> do that. Leave it in the situation that unless someone goes to the Secretary <br /> for a waiver, within 30 days, the Commission will order it removed. This <br /> leaves it open for it to be done. <br /> Mr. Sherman stated it could be left there, as long as the variance procedure is <br /> stili unfolding, but if not applied for within 30 days the rock segment at the <br /> bottom and the cribbing in the bank will have to be removed. <br /> Mr. Desrosiers stated he looked at the structure and considering the damage <br /> that was done before feels it is something to better serve the community. <br /> Without something solid at the bottom, to protect future washouts, it will not <br /> be taken care of so that someone will not get hurt there. He is very concerned <br /> about it but is not against the path the Board is taking. <br /> Mar. Sherman stated it would not be consistent with the regulations to say this <br /> iso ay. <br /> Mr. Rosenberg stated if the Secretary cones back and asks for an opinion, <br /> then the Commission would be free to voice an opinion re consideration of a <br /> variance. <br /> Mr. Hayes will report back Tuesday of next week after talking with the DPW <br /> and.the Harbormaster. <br /> The Chairman asked that Mr. Whritenour be informed. <br /> VOTE: Motion made and seconded to notify the administrator for the Town <br /> of Mashpee to contact the proper departments to ale a request for a <br /> variance to allow the structure to stand as is, or with hat ver mod- <br /> ifications the state would recommend and that this be done within <br /> a period of thirty days. Unanimous rote. <br />