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I� <br /> C. The proposed aquaculture facility is prohibited by Section 174-62 <br /> of the Mashpee Zoning Bylaw which prohibits development in <br /> velocity zones below the high water mark; <br /> d. The proposed aquaculture grant is prohibited by Section 173-3 of <br /> the Mashpee Zoning Bylaw which mandates certain setbacks from <br /> water and wetlands;and <br /> e. The determination issued by the Building Commissioner denying <br /> the Plaintiffs' request for zoning enforcement is erroneous and <br /> ishould have been reversed by the Board of Appeals. <br /> WHEREFORE,the Plaintiffs respectfully request this Honorable Court to <br /> issue an Order and Judgment as follows: <br /> I <br /> A. Ruling that the Decision of the Mashpee Zoning Board of Appeals <br /> exceeded its authority, was against the weight of the evidence, is <br /> arbitrary, capricious, whimsical, unreasonable, erroneous and is <br /> null and void; <br /> i' B. Ordering the Decision of the Mashpee Zoning Board of Appeals <br /> II issued on February 5,2014 to be vacated and annulled; <br /> ! <br /> C. Declaring that the proposed aquaculture facility is not permitted by <br /> jj the Mashpee Zoning Bylaw and is subject to enforcement under <br /> M.G.L. c.40A, §7;and <br /> D. Granting such other and further relief as the Court may deem meet, <br /> just and proper under the circumstances. <br /> TROY Ward, <br /> AssoorATES <br /> ATTORNEYS AND <br /> COUNSELLORS AT LAW <br /> 90 ROUTE 6A <br /> tANDWICH,MASSACHUSEI'IS <br /> 02563-1866 <br /> PHONE:M)888-5700 I <br /> 9 <br />