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

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MASHPEE ZONING BOARD OF APPEALS JANUARY 8, 2014 MINUTES Mr. Furbush held a ten page Decision dated July 14, 2011 stating the use is beyond the low water mark and is not within the Zoning Board's jurisdiction. Attorney Wall stated the case was taken to court and became mute when Mr. Cook moved the location. The courts only decide actual cases and controversies. The first proposal was 30 feet off shore of the property and the Decision was appealed to the land court. Mr. Cook decided to abandon that location and move to a different location about 900 feet, and as a result the land court has never reviewed that decision. It is clearly below the low water mark and Attorney Wall stated his clients do not necessarily agree. He said his presentation demonstrated all the reasons the legislature gave the Town authority to regulate. Attorney Wall stated that this type of project like any other commercial operation requires multiple permits from multiple boards. The license the Selectmen gave Mr. Cook was the license to use the land. He stated and example is Chapter 91 regarding docks, would require a Town wetlands pennit, a State wetlands permit, and sometimes zoning relief. A license from the State waterways division license pen -nit to use land of the Commonwealth and assessed a fee based upon how much of the land they occupy and that division also makes sure the public rights are not interfered. The license that the Selectmen gave Mr. Cook was similar and gave him the right to use that public land exclusively to the exclusion of all others for purposes of shellfish. • Attorney Wall stated nothing has changed in the Petition since the last proposal two years ago, but wanted the Board to take a new look and give a fair hearing. The legal arguments are basically the same, but have been refined because of the process from the Board and would like Town Council's opinion in writing. The new and additional argument is the use of the Town boat landings in a residential zoning. Mr. Cook approached the Board and stated that Attorney Wall presented the same issues and gives him another avenue of appeal. The Board decided to review the proposal with Town Counsel prior to returning to the Board on January 22, 2014. Mr. Blaisdell, made a motion to continue, yes, Mr. Furbush seconded, Mr. Reiffarth, yes, Mr. Jodka, yes, Mr. DeBarros, yes, Mr. Goldstein, yes. All were in favor. 0