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V <br />".Y <br /> 8. The Defendant Malloy' s application, as proposed, fails <br /> to comply with the Mashpee Zoning By-law, as it is <br /> currently in effect . <br /> 9. The Defendant Malloy' s application, if constructed, will <br /> unduly interfere with the free passage of travel by <br /> water, and cause substantial disruption of the marine <br /> environment . <br /> 10. At the public hearing on this matter , expert testimony <br /> was presented on behalf of the Defendant Malloy with <br /> respect to the impacts of the proposed construction on <br /> the marine environment . The Defendant' s expert <br /> indicated that he was uncertain as to whether or not the <br /> construction of the proposed walkway, ramp, dock, and <br /> float would substantially disrupt the marine <br /> environment , and was unprepared to indicate that its <br /> construction would not adversely affect .the productivity <br /> of shellfish beds demonstrated to be existing on the <br /> site. <br /> 11 . The applicant proposed no primary use or structure upon <br /> ILLIAM C. HENCHY the locus. <br /> ATTORNEY AT LAW <br /> 3166 MAIN STREET <br /> OLD KING'S HIGHWAY 12. Thereafter, on July 5, 1989, the Defendant Board of <br /> P.O.BOX 945 <br /> ARNSTABLE.MA O263O Appeals filed its decision with the Town Clerk with the <br /> 461'113629690 Town of Mashpee . A copy of said decision is attached <br /> hereto as Exhibit A and incorporated by reference. <br />