01/08/2014 ZONING BOARD OF APPEALS Minutes

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September 18, 2013 Page 11 Mr. Cook to remove all of his gear from the grant so as not to interfere with dredging operations. Similarly, the Order of Conditions requires Mr. Cook to remove all of his gear in certain circumstances when there is a Hurricane Warning issued by the National Weather Service. Thus, it is possible that Mr. Cook may be using the boat landings to remove, and then replace, 4,500 flexible cages in a relatively short time frame. The intense use of the Town landings for commercial aquaculture purposes is not allowed by the Zoning Bylaw for all the reasons set forth above. CONCLUSION Based upon the foregoing, we respectfully request that you determine the following: 1. That Mr. Cook's proposed aquaculture facility is not allowed by the Zoning Bylaw; 2. That Mr. Cook's proposed aquaculture facility is not allowed by the Zoning Bylaw without a Special Permit under Section 174-25(C)(4) or 175-25(C)(5); 3. That Mr. Cook's proposed aquaculture facility is prohibited by Section 174-62 of the Zoning Bylaw unless he obtains a variance; 4. That Mr. Cook's proposed aquaculture facility is prohibited by Section 174-33 unless he obtains a variance; 5. That Mr. Cook's proposed utilization of the Town's boat landings to access his proposed aquaculture facility for commercial purposes is prohibited unless Mr. Cook obtains the foregoing zoning relief.