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September 18, 2013 <br /> Page 3 <br /> round basis during the low tide cycle because the bags/cages are more <br /> accessible when the water is low. The work will be performed from boats and <br /> on foot by men wearing waders. Mr. Cook and his employee(s) will be <br /> working at the grant approximately 5 days per week. <br /> The facility will be accessed by boat. Consequently, Mr. Cook will be <br /> using the public landings at Ockway Bay and/or at Mashpee Neck Road for all <br /> purposes required to operate his facility including, but not limited, launching <br /> and recovering his boats; loading and unloading equipment; and unloading and <br /> transporting his mature shellfish. <br /> Mr. Cook has obtained an Aquaculture License from the Board of <br /> Selectmen, pursuant to M.G.L. c. 130, § 57, which authorizes Mr. Cook to <br /> utilize the subject 1.99 acre area for aquaculture purposes for a ten year period. <br /> Mr. Cook has also obtained an Order of Conditions from the Conservation <br /> Commission which authorizes the proposed facility under the Massachusetts <br /> Wetlands Protection Act and the Mashpee Wetlands Protection Bylaw. These <br /> licenses and permits are presently subject to appeals. <br /> The Residents Group contends that Mr. Cook's proposed aquaculture <br /> facility and the activities associated with it are not permitted by the Mashpee <br /> Zoning Bylaw and request that you make a formal determination that the <br /> proposed project will violate the Zoning Bylaw, <br /> POSITION STATEMENT <br /> I. THE PROPOSED AQUACULTURE USE IS NOT PERMITTED <br /> BY THE MASHPEE ZONING BYLAW. <br /> A. The Proposed Use Is A Commercial Operation Not Allowed In A <br /> Residential District. <br /> The properties owned by members of the Residents Group are situated <br /> within a residential (R-3) zoning district. Pursuant to Section 174-7 of the <br />