08/10/2011 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OFAPPEALS Decision for Denial of an Appeal of the Building Commissioner's Decision Appellant: Leslie A. Caffyn, et al 10 Popponesset Island Road Mashpee, MA 02649 A-2011-31 established thereby, does not extend beyond the extreme low water mark of Popponesset Bay. 4. Section 174-8 of the Bylaws designates the Building Inspector as the final arbiter over all boundary line disputes within the Town: "[w]henever any uncertainty exists as to the exact location of a boundary line, the location of such line shall be determined from the scale of the map by the Building Inspector." 5. The proposed aquaculture grant will consist of a maximum of 3,000 cages to be located no more than 18 inches from the bottom of Popponesset Bay. 6. The cages are held down by an anchor, are routinely maintained and moved by hand, and are meant to be mobile. 7. The subject aquaculture cages and equipment, as proposed in the aquaculture license application and the Selectmen's approval thereof, are not "structures" as said term is contemplated and defined by the Bylaws. 8. The Order of Conditions issued by the Conservation Commission and the license granted by the Board of Selectmen with respect to this aquaculture grant require that all of the cages be located below the surface of the water. 9. Popponesset Bay is not a"watercourse" as said term is referenced in Section 174- 7 of the Bylaws. 10. The owners of aquaculture farms are required to complete and file an annual Farming Questionnaire with the United States Department of Agriculture. 11. Aquaculture is a form of agriculture. 12. Section 174-62 of the Bylaws only applies to land within the V (velocity) Zone shown on the Flood Insurance Administration Flood Rate Maps. ("No land within areas designated as V (velocity) Zones on the Flood Insurance Administration Flood Rate Maps shall be developed..."). 13. The Flood Insurance Administration Flood Rate Map for Mashpee shows the proposed area of the aquaculture grant within a designated A Zone,not a V Zone. 14. Section 174-58 of the Bylaw, which governs new construction, alteration of structures or other development within A Zones, allows the aquaculture grant. 2