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'lown qf Mashpee <br /> 16 Great Aecl, koad JV6rth <br /> lylaslipu,l Nossachusetts O,2049 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision: Denial of an Appeal of the Building Commissioner's Decision <br /> Appellants: Leslie A. Caffyn, et al. <br /> 10 Popponesset Island Road <br /> Mashpee, MA 02649 <br /> A-2011-31 <br /> A Petition was filed on July 14, 2011,by Leslie A. Wagner Caffyn, et al. <br /> requesting review under Massachusetts General Laws Chapter 40A, §§8 and 15 of the <br /> Building Commissioner's Decision regarding his Determination not to undertake zoning <br /> enforcement action with respect to the proposed offshore aquaculture grant on property <br /> abutting 10 Popponesset Island Road (Map 105 Parcel 267A)Mashpee, MA. Appellants <br /> request reversal of the Building Commissioner's Determination and ask that the Zoning <br /> Board of Appeals issue a ruling that the proposed aquaculture grant is subject to, and <br /> prohibited by, the Town's Zoning By-laws. <br /> Notice of the hearing in this matter was duly given to abutters in accordance with <br /> Massachusetts General Laws Chapter 40A. Notice was given by publication in The <br /> Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on July <br /> 22, and July 29, 2011, a copy of which is attached hereto and made a part hereof. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on August <br /> 10 and September 14, 2011. The following members of the Zoning Board of Appeals <br /> were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. <br /> Furbush,William A. Blaisdell, James Reiffarth and Ronald S. Bonvie. <br /> The Mashpee Zoning Board of Appeals ("Board") issues this Decision pursuant to <br /> and in accordance with the provisions of Massachusetts General Laws Chapter 40A, §§8 <br /> and 15, and the Town of Mashpee Zoning By-laws. <br /> FINDINGS: <br /> 1. The proposed aquaculture grant is located below the extreme low water mark <br /> offshore from the property located at 10 Popponesset Island Road(Map 105 <br /> Parcel 267A)Mashpee, MA. <br /> 2. The 10 Popponesset Island Road parcel adjacent to the locus of the aquaculture <br /> grant is located in an R-3 Zoning District which is a residential zoning district. <br /> 3. Upon review of the Town of Mashpee Zoning Map and relevant provisions of the <br /> Zoning Bylaws (the"Bylaws"), the Board finds that the R-3 zoning district, as <br />