01/08/2014 ZONING BOARD OF APPEALS Minutes

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t It is well settled that land used to access a particular use is considered to be in the same use as the land to which the access leads. Beale v. Planning Board of Rockland, 423 Mass. 690 (1996). In Beale, the plaintiff sought to extend an existing road in the town of Rockland into the town of Hingham to provide access for a proposed retail shopping center. The retail use was allowed in Rockland, but not in Hingham. The SJC ruled that use of the access road was the same as the use to which it provided access and that the Planning Board's denial of the proposed extension was proper. See also, Richardson v. Zoning Bd. of Appeals of Framingham, 351 Mass. 375, 381, (1966) (access road to apartment house not permitted in single-residence district); Harrison v. Building Inspector of Braintree, 350 Mass. 559, 561 (1966) (access roadway to industrial district violated zoning requirements governing surrounding residential district). Mr. Cook will access his proposed aquaculture facility via the Town's public landings at Ockway Bay and/or Mashpee Neck Road. Both of these landings are located in the R-3 Zoning District. Under the zoning principle described above, Mr. Cook's proposed use of the land in Popponesset Bay is extended to the land that will be used as access —the Town Landings. Mr. Cook will presumably be using the boat ramps, the access driveways and the parking areas for his commercial operation to park his vehicles and his employees' vehicles while he and his employees are working the aquaculture facility; to load and unload equipment, aquaculture flexible cages, shellfish seed and his shellfish harvest. Furthermore, the aquaculture license issued by the Selectmen and the Order of Conditions issued by the Conservation Commission require Mr. Cook to remove all of the gear from the grant so as not to interfere with dredging operations. Similarly, the Order of Conditions requires Mr. Cook to remove all of his gear in certain circumstances when there is a Hurricane Warning issued by the National Weather Service. Thus, it is foreseeable that Mr. Cools will be using the Town Landings to remove, and then replace, 4,500 flexible cages in a relatively short time frame. The intense use of the Town Landings for commercial aquaculture purposes is not allowed by the Zoning Bylaw for the reasons set forth above. 16