01/08/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Decision: Denial of an Appeal of the Building Commissioner's Decision Appellants: Robert J. Zammito, et al Proposed Aquaculture Farm off 36 Popponesset Island Road Mashpee, MA 02649 A-2014-01 The Applicants conclude by contending that the proposed use of the Town's Public Landings for commercial use is not allowed by the Zoning Bylaw. In the instant case, the questioned access to the Bay would be at preexisting public landings at Ockway Bay and/or Mashpee Neck Road. As stated above, aquaculture is a permitted use in an R-3 Zoning District as the Bylaws explicitly permit "[a]gricultural activities other than the raising or housing of livestock, swine or of poultry where more than twenty four birds are kept" in an R-3 Zoning District. As agriculture is defined by Massachusetts General Law to specifically include aquaculture, and agriculture use is allowed as of right in and R-3 Zoning District pursuant to Section 174-25(C) (4) of the Mashpee Zoning Bylaws, we conclude that aquaculture is an allowed use within the R-3 Zoning District, and,thus,these use of these landings for this purpose is a permitted use. In view of the foregoing, the Board hereby concludes that the Petitioners have not established a factual or legal basis to support their appeal of the Building Commissioner's determination. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously at the Public Hearing on January 22, 2014 to DENY the appeal and uphold the Building Commissioner's Decision regarding his enforcement jurisdiction with respect to the proposed offshore aquaculture grant. 8