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September 18, 2013 <br /> Page 2 <br /> Pursuant to Massachusetts General Laws Chapter 40A, § 7, this serves as <br /> a request for your determination as to (1) whether a 1.99 acre shellfish <br /> aquaculture facility (a so-called "aquaculture grant") proposed by Richard J. <br /> Cook, Jr. in Popponesset Bay and (2) Mr. Cook's use of public boat landings to <br /> access and facilitate operation of the aquaculture facility would violate the <br /> Zoning Bylaw of the Town of Mashpee. <br /> FACTUAL BACKGROUND <br /> Mr. Cook, a Mashpee resident, is proposing a 1.99 acre shellfish <br /> aquaculture grant on a sand shoal (also known as a flood tidal delta) in <br /> Popponesset Bay. A copy of an aerial photograph depicting the location of the <br /> proposed grant is attached hereto as Exhibit"A". <br /> The grant area is entirely within a velocity zone (V 17 Zone) as <br /> designated by the Federal Emergency Management Agency ("FEMA"). <br /> Within the grant area, Mr. Cook is proposing to construct and operate a <br /> commercial aquaculture facility to grow shellfish. The facility will utilize <br /> approximately 4,500 structured polyethylene shellfish grow-out bags (also <br /> referred to as flexible cages), underlaid with PVC pipe feet, that will be <br /> anchored to the ocean bottom using helical screw anchors in rows of 40 parallel <br /> primary lines 345' long each holding 114 shellfish bags/cages. The shellfish <br /> bags/cages are to be 3" high x 18" wide by 36" long with their tops extending <br /> up to 6" above the sea bottom. The rows will be separated by 2 to 3 feet and <br /> the facility will, therefore, occupy the entire 1.99 acre grant area. <br /> Mr. Cook will "plant" shellfish "seeds" in the flexible cages and foster <br /> their growth. When the shellfish reach maturity, he will harvest them and sell <br /> them. Electric sorters will be used in the harvesting process. It takes <br /> approximately 2 to 4 years for a seed oyster to grow to market size. During this <br /> time, a significant amount of care and maintenance of the grant is required. The <br /> oysters must be continually rotated and the bags/cages must be continually <br /> cleaned of barnacles and algae. These activities will be undertaken on a year- <br />