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September 18, 2013 <br /> Page 8 <br /> Further, the installation of the bags/cages constitutes the installation of <br /> "structures" and/or "buildings" seaward of the reach of high tide. The terms <br /> "structure" and "building" are defined by the Zoning Bylaw as follows: <br /> "Structure — A combination of material assembled at a fixed <br /> location to give support or shelter, such as a building, tower <br /> framework,platform, bin, sign or the like. " <br /> "Building — Includes the word `structure' unless the context <br /> unequivocally indicates otherwise. `Building' shall also mean any <br /> three-dimensional enclosure by any building material of any space <br /> for use or occupancy, temporary or permanent, and shall include <br /> foundations in the ground; also all parts of any structure <br /> aboveground except fences and field or garden walls or <br /> embankment retaining walls. " <br /> The bags/cages at issue are three-dimensional enclosures made of a <br /> combination of material assembled at a fixed point and permanently affixed to <br /> the bottom with an anchoring system. Consequently, the flexible cages are <br /> "structures." <br /> Since the bags/cages are "structures" and the installation of 4,500 cages <br /> constitutes "development", Mr. Cook's proposal is subject to Section 174-62, <br /> This Section clearly prohibits development and/or the installation of structures <br /> seaward of the high tide line. As a result, Mr. Cook's proposal is prohibited by <br /> the Zoning Bylaw. <br /> Moreover, even if Mr. Cook's proposal were permitted, he has not <br /> provided an engineer's certification that the flexible cages are "securely <br /> anchored to adequate anchored pilings or columns in order to withstand <br /> velocity waters and hurricane wave wash. " <br /> =c: <br />