08/10/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OFAPPEALS MINUTES AUGUST 10, 2011 • said the whole crux of the matter is whether the land underneath the water is subject to the existing zoning By-law and therefore, under the jurisdiction of the Building Commissioner. Attorney Costello said that Section 174-62 of the Zoning By-laws applies to land. The proposed aquaculture will be located underneath the water. He said that if the velocity requirements are applied to the cages ("structures"), then they would have to be raised to certain elevations, as are piers, ramps and floats. This would be utterly contrary to the nature of this farming endeavor. The Board questioned where the cages will be relocated in the winter. Attorney Wall said that the Petitioner intends to move the cages to deeper water during the winter to protect them from predation. He said that it appears that the proposal will take up most of the grant area, so he isn't sure where the cages will be moved. Attorney Costello said that the Board of Selectmen conditioned the license by requiring the proposed cages to remain below water at all times. Attorney Costello said that the Petitioner would have to stack the cages to ensure that they remain below water. Enforcement rests with the permit granting authority — the Board of Selectmen. The Chair asked for comments from the audience and recognized Mrs. Kristen Hanlon of 51 Popponesset Island Road. She said that she won't hear either the machinery or see the • cages, but that she is worried about the safety of families using the area for recreation. Mrs. Hanlon said that surf boarders, boaters, kayakers and jet skiers will venture into the area and run into the cages. Mr. William Sandler of 44 Popponesset Island Road said that the proposal will be 30 feet from his property. He said that children will not be able to swim in the area anymore because of the proposal. Mr. Mark Burtis of 53 Nehoiden Road said he is in favor of the proposal, which is similar in nature to the oyster grant that he has been operating in a residential area in Hamblin Pond in Mashpee for the last 11 years. He said that he addresses all safety issues and maintains markers and buoys that clearly identify his grant area and the submerged equipment. He said that one man cannot realistically maintain 3,000 cages by himself, so the proposal will most likely be far less than that. Mr. Burtis said that the cages must be kept under the water, in the flow in the tidal zone. He said that the Commonwealth embraces aquaculture, which is obviously agriculture. He said that he has building docks for the last 30 years and the boundary is very clear between the land of the Commonwealth and the land of the Town. He said that he went through the same procedure as Mr. Cook has and that abutters have every opportunity to participate in the process because the licenses are granted after public advertising, public hearing, public testimony and comments in a public forum. • Mrs. Leslie Caffyn of 10 Popponesset Island Road showed the Board pictures that she had taken of people kayaking, jet skiing and boating in the area at issue. She said that the area is very busy and expressed concern about safety. Digressing from the focus of the Appeal, Mrs. Caffyn asked the Board to educate her about "a project the Wampanoag 6