01/08/2014 ZONING BOARD OF APPEALS Minutes (2)

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• 9 C MASHPEE ZONING BOARD OF APPEALS JANUARY 8, 2014 MINUTES Mr. Furbush stated a house and engineered plot plan will need to be submitted prior to returning to the next scheduled hearing. Mr. Blaisdell made a motion to continue Mr. Waldstein's request until February 26, 2014. Mr. Furbush second, yes, Mr. Rieffarth, yes, Mr. Jodka, yes, Mr. Goldstein, yes, Mr. DeBarros, yes. All were in favor. Robert J. Zammito: Request Appeal of the Building Commissioner's Decision regarding his enforcement jurisdiction on the proposed offshore aquaculture farm on property abutting an R-3 Zoning District at 36 Popponesset Island Road, (Map 106 Parcel 22), Mashpee, MA. Appellants request reversal of the Building Commissioner's Determination and issue a ruling that the proposed aquaculture grant is subject to, and prohibited by, the Town's By-laws. Attorney Brian Wall representing the appellants stated his clients contend they bought properties in a residential district and that the proposed aquaculture facility is commercial in nature and not allowed. In order to present his case, he gave a ten minute Power Point presentation. The presentation explained the nature of the Aquaculture Industry, the proposed area of the facility (Popponesset Bay), illustrations of equipment and its use, and zoning regulations regarding bodies of water from other Towns. He stated he represents (21) twenty-one individuals who own (11) eleven different properties situated on Popponesset Island and Daniels Island. He filed a request for a Zoning determination with the Building Commissioner and expressed concerns with the Aquaculture facility. The Building Commissioner gave Iris opinion that the Mashpee By- laws do not extend below the extreme low water mark and denied the request on this basis. The Aquaculture facility proposal was submitted by Mr. Richard Cook and will consist of 4,500 shellfish cages to be installed in Popponesset and will require specialized equipment to maintain the shellfish farm. The equipment will be installed in Popponesset Bay and is considered a conunercial business. Attorney Wall stated his argument for his client's properties being in an R-3 (Residential) District. The district boundary line shown on the Town's maps show the line running along the shoreline and not sure this was the basis of Mr. Morgan's opinion. If you read further into the bylaw that in his opinion the zoning boundary extends to the municipal boundary in the Bay. He stated that Section 174-7 provides a district boundary and is parallel to a watercourse or a town municipal boundary, the boundary shall be construed as the centerline of the watercourse or as being parallel to the municipal boundary. As a result, the R-3 District extends to the center of Popponesset Bay and the proposed aquaculture grant is within the R-3 District.