01/08/2014 ZONING BOARD OF APPEALS Minutes

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application to be located landward of the reach of the mean high tide. Notwithstanding the applicable provisions of the Massachusetts Uniform Building Code, all new construction and substantial improvement within the V Zones shall be elevated on adequately anchored pilings or columns and securely anchored to such piles or columns so that the lowest portion of the structural members of the lowest floor, excluding pilings or columns, is elevated to or above the base flood elevation, and certified by a registered professional engineer or architect that the structure is securely anchored to adequate anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. Mr. Cook's proposal is subject to Section 174-62 because is constitutes "development" and because the flexible cages are "structures." Section 174-58 sets for general provisions that are applicable to the Zoning Bylaw's Floodplain Provisions. In pertinent part, this section defines "development" in floodplain areas as "any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations, at or below the base flood elevation as specified within the A and V Zones." The installation of 80+ helical anchors to hold down the bags/cages will constitute a "drilling operation" because helical anchors of the size being proposed by Mr. Cools are installed by a barge equipped with a hydraulic drill. In addition, the installation of 80 helical anchors, 40 lines that are 345 feet long, and 4,500 flexible cages certainly constitutes a man-made change to unimproved real estate. Consequently, Mr. Cook's proposal constitutes "development." Further, the installation of the bags/cages constitutes the installation of "structures" and/or "buildings" seaward of the reach of high tide. The terms "structure" and "building" are defined by the Zoning Bylaw as follows: 13