08/10/2011 ZONING BOARD OF APPEALS Minutes

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but it is often done with a noisy, motorized winch. Also, the cages must be constantly cleaned of barnacles and algae. In addition, predator control measures must be cleaned, repaired and replaced. Planting, harvesting and maintenance activities will be undertaken on a year-round basis during the low tide cycle because the cages are more accessible when the water is low. The work will be performed from boats and on foot by men wearing waders. Mr. Cook has stated that he will be working at the grant 3 to 5 days per week with 1 to 2 men. My clients contend that Mr. Cook will be there much more than that. Indeed, if a mere 5 minutes is spent on each cage every month, a total of 250 man hours per month will be required to maintain the grant. This equates to 8 hours of work, 7 days a week, 52 weeks a year. The grant area is within a FEMA V Zone and will be exposed to harsh northeast and southeast winds and waves. Given the considerable fetch (the distance of open water across which waves can develop) across Popponesset Bay, it is manifest that the grant area will be exposed from time to time to the damaging "nor'easters" in the winter months and tropical storms and hurricanes in the summer months. These storms are likely to cause damage to the grant and are likely to cause the cages and equipment to wash into Popponesset Bay and onto the properties fronting upon Popponesset Bay, including the properties owned by several of my clients. Since Mr. Cook has no landward access to his grant, he will have to trespass upon the waterfront properties in order to recover any equipment that washes ashore. Mr. Cook has applied to the Board of Selectmen for a shellfish aquaculture license under M.G.L. c. 130, § 57. At a hearing held on March 14, 2011, the Board of Selectmen voted to grant Mr. Cook's request and to issue him a license. The fee for the license is $25.00. The license "grants" Mr. Cook permission to use the grant area for a period of ten (10) years. The license is transferrable. My clients have appealed the decision of the Board of Selectmen to the Barnstable Superior Court. The action is entitled Leslie A. Wagner Caffyn et al. vs. Theresa M. Cook, et al., Barnstable Superior Court Docket No. BACV2011-219. 4