01/08/2014 ZONING BOARD OF APPEALS Minutes

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any building housing livestock or poultry is not less than fifty (50) feet from the property boundary." Mr. Cook's project is not eligible under this provision because "livestock" is defined as "farm animals", see Oxford Dictionary, and Mr. Cook's facility is not a "farm." Furthermore, if Mr. Cook's project is eligible for consideration under this provision, Mr. Cools is not allowed to proceed as a matter of right as his project would require a Special Permit. This segues to the Residents Group's next contention. Section 174-24(J) of the Bylaw provides that "[w]here a use is not specifically listed in Section 174-25 Table of Use Regulations, said use may be allowed if a finding is made by the Zoning Board of Appeals that said use may be allowed in a specific district on the basis that it is substantially similar in its construction, operation, traffic and environmental impact to a specific use allowed as of right or by special permit in said district and it is substantially dissimilar from any uses prohibited in the district." Aquaculture is substantially dissimilar from agriculture. Consequently, Mr. Cools is not eligible to seek relief under Section 174-24(J). Furthermore, even if the activity were substantially similar to a permitted activity, Mr. Cook's proposal does not meet the area requirements (i.e., 5 acres). Even if Mr. Cook's proposal is eligible for consideration under Section 174-24(J), he cannot proceed with his proposal as a matter or right. He would be required to seek relief from the Zoning Board of Appeals. C. The Proposed Aquaculture Grant Is Prohibited By Section 174-62 Of The Zoning Bylaw Which Forbids Development In V-Zones Below The High Water Mark. Article XI, Section 174-62 of the Zoning Bylaw prohibits development of land in V Zones below the reach of mean high tide. In pertinent part, Section 174-62 provides: No land within areas designed (sic) as V (velocity) Zones on the Flood Insurance Administration Flood Rate Maps shall be developed unless such development is demonstrated by the 12