08/10/2011 ZONING BOARD OF APPEALS Minutes

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Mr. Cook also filed a Notice of Intent with the Conservation Commission in order to obtain Orders of Conditions under the Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40 and the Mashpee Wetlands Protection Bylaw. At a meeting held on June 30, 2011, the Commission voted to grant Mr. Cook Orders of Conditions authorizing his proposed project. My clients contend that Mr. Cook's proposed aquaculture grant and the activities associated with it are not permitted by the Mashpee Zoning Bylaw at the particular site. On May 7, 2011, we submitted a request for zoning determination to the Acting Building Inspector setting forth our contentions that the proposed project is not permitted by the Zoning Bylaw. The Building Inspector issued a determination on June 15, 2011 denying the request on several grounds including that the proposed aquaculture grant is situated below the low water line and, as a result, not subject to zoning. My clients disagree with this determination and filed this petition seeking the Zoning Board of Appeals to reverse the determination. ARGUMENT I. THE PROPOSED "AQUACULTURE" USE IS NOT PERMITTED BY THE MASHPEE ZONING BYLAW. A. The Proposed Use Is A Commercial Operation Not Allowed In A Residential District. My clients' properties are situated within a residential (R-3) zoning district. Pursuant to Section 174-7 of the Mashpee Zoning Bylaw, a district boundary parallel to a watercourse is construed as the centerline of said watercourse. Thus, the R-3 district extends to the center of Popponesset Bay. This is coterminous with the Town of Mashpee's corporate boundary which is, 5