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MASHPEE ZONING BOARD OFAPPEALS <br /> Decision for Denial of an Appeal of the Building Commissioner's Decision <br /> Appellant: Leslie A. Caffyn, et al <br /> 10 Popponesset Island Road <br /> Mashpee, MA 02649 <br /> A-2011-31 <br /> In summary, this Board concurs with the determination of the Building Inspector <br /> that the aquaculture grant is situated in an area of Popponesset Bay which is owned and <br /> controlled by the Commonwealth, and that the Mashpee Zoning Bylaws, as amended, do <br /> not apply to said grant. As discussed hereinabove, we agree with the Building Inspector's <br /> determination that it is not within the purview of the Bylaws or his authority, as the <br /> Mashpee Building Inspector/Zoning Enforcement Officer, to regulate the subject <br /> aquaculture grant. <br /> In view of the foregoing, the Board hereby concludes that the Petitioners have not <br /> established a factual or legal basis to support their appeal of the Building Inspector's <br /> determination. Upon motion duly made and seconded, the Zoning Board of Appeals <br /> voted unanimously at the Public Hearings on September 14, 2011 to DENY the appeal <br /> and uphold the Building Commissioner's Decision regarding his enforcement jurisdiction <br /> with respect to the proposed offshore aquaculture grant. <br /> 8 <br />