01/08/2014 ZONING BOARD OF APPEALS Minutes

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September 18, 2013 Page 4 Mashpee Zoning Bylaw, where a district boundary is parallel to a watercourse or a town municipal boundary, the boundary shall be construed as the centerline of the watercourse or as being parallel to the municipal boundary. Thus, the R- 3 Zoning District extends to the municipal boundary at the center of Popponesset Bay.' Consequently, the area of Mr. Cook's proposed aquaculture grant is within the residential R-3 zoning district. Pursuant to Section 174-9 of the Bylaw, "[n]o buildings shall be erected or used and no land shall be used or divided unless in conformity with the [Bylaw]." Similarly, Section 174-22 of the Bylaw provides that "[e]xcept as provided by law or in this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted as set forth in the Table of Use Regulations, § 174-25." "All other buildings and all other uses of land or of buildings are [ ] expressly prohibited." Section 174-9. Mr. Cook's proposal is to occupy nearly two acres of land with 4,500 flexible aquaculture cages and to use the area to operate an aquaculture facility. "Aquaculture" is not listed as a "permitted use" anywhere in the Table of Uses at Section 174-25. Consequently, it is expressly prohibited.2 The R-3 Zoning District does permit certain "farms" and farm-related activities. But Mr. Cook's proposal does not qualify under any of these provisions. 'See,Map Accompanying Report of Board of Harbor and Land Commissioners to the General Court Under Chapter 105 of the Resolves of 1893 Relating to the Boundary Line on Tidewater Between the Towns of Mashpee and Barnstable, September 1893 attached as Exhibit`B". 2 M.G.L.c.40A, §3 provides an exemption from zoning for aquaculture uses. But the exemption applies to facilities that are more than 5 acres in size. Aquaculture facilities that are smaller than 5 acres are subject to the full extent of municipal authority.