01/08/2014 ZONING BOARD OF APPEALS Minutes

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My clients are concerned with the proposal of Richard J. Cook to construct and operate a commercial aquaculture facility in an R-3 Zoning District offshore from their residential neighborhoods. On September 18, 2013, we submitted a letter to Building Commissioner Richard Morgan, pursuant to Massachusetts General Laws Chapter 40A, § 7, requesting a zoning determination that the proposed aquaculture facility (sometimes called a "aquaculture grant") would violate the Zoning Bylaws of the Town of Mashpee. See, Exhibit "A". On October 21, 2013, the Building Commissioner responded with a letter in which he determined that the Mashpee Zoning Bylaws do not apply to property beyond the extreme low water mark. See, Exhibit `B." The Residents Group is aggrieved by the Building Commissioner's ruling and hereby petition the Zoning Board of Appeals to reverse the determination and issue a decision ruling: (a) that the Town's Zoning Bylaws apply to the waters of Popponesset Bay and the land at issue; (b) that the proposed aquaculture facility is indeed subject to, and prohibited by, the Town's Zoning Bylaw; and (c) that Mr. Cook's proposed use of the public boat landings, which are in a residential zoning district, is subject to, and prohibited by, the Zoning Bylaw. FACTUAL BACKGROUND Mr. Cook, a Mashpee resident, is proposing a 1.9 acre shellfish aquaculture grant (86,684 square feet) on a sand shoal (also known as a flood tidal delta) in Popponesset Bay. A copy of an aerial photograph depicting the location of the proposed grant is attached hereto as Exhibit "C". The grant area is entirely within a velocity zone (V 17 Zone) as designated by the Federal Emergency Management Agency ("FEMA"). See, Exhibit "C". 2