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September 18, 2013 <br /> Page 10 <br /> flexible cages are proposed in the water, they do not comply with the 50' <br /> setback requirement. Accordingly, the flexible cages cannot be placed as <br /> proposed without a variance from the Zoning Board of Appeals. <br /> II. MR. COOK'S PROPOSED USE OF THE TOWN'S PUBLIC <br /> LANDINGS FOR COMMERCIAL USE IS NOT ALLOWED BY <br /> THE ZONING BYLAW. <br /> It is well settled that land used to access a particular use is considered to <br /> be in the same use as the land to which the access leads. Beale v. Planning <br /> Board of Rockland, 423 Mass. 690 (1996) (copy attached). In Beale, the <br /> plaintiff sought to extend an existing road in the town of Rockland into the <br /> town of Hingham to provide access for a proposed retail shopping center. The <br /> retail use was allowed in Rockland, but not in Hingham. The SJC ruled that use <br /> of the access road was the same as the use to which it provided access and that <br /> the Planning Board's denial of the proposed extension was proper and affirmed. <br /> See also, Richardson v Zonin Bg_.d of Appeals of Framinp-ham, 351 Mass. 375, <br /> 381, (1966) (access road to apartment house not permitted in single-residence <br /> district); Harrison v Building, Inspector of Braintree, 350 Mass. 559, 561 <br /> (1966) (access roadway to industrial district violated zoning requirements <br /> governing surrounding residential district). <br /> Mr. Cook will access his proposed aquaculture facility via the Town's <br /> public landings at Ockway Bay and/or Mashpee Neck Road. Both of these <br /> landings are located in the R-3 Zoning District. Under the zoning principle <br /> described above, Mr. Cook's proposed use of the land in Popponesset Bay is <br /> extended to the land that will be used as access —the boat landings. <br /> Mr. Cook will presumably be using the boat ramps, the access driveways <br /> and the parking areas for his commercial operation to park his commercial <br /> vehicles while he and his employees are working the grant; to load and unload <br /> equipment, his electric sorters, aquaculture flexible cages, shellfish seed and his <br /> shellfish harvest. Furthermore, the aquaculture license issued by the Selectmen <br /> and the Order of Conditions issued by the Conservation Commission require <br />