08/10/2011 ZONING BOARD OF APPEALS Minutes

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in this area, approximately the centerline of Popponesset Bay.' Consequently, the area of Mr. Cook's proposed aquaculture grant is within the residential R-3 zoning district. Pursuant to Section 174-9 of the Bylaw, "[n]o buildings shall be erected or used and no land shall be used or divided unless in conformity with the [Bylaw]." Similarly, Section 174-22 of the Bylaw provides that "[e]xcept as provided by law or in this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted as set forth in the Table of Use Regulations, § 174-25." "All other buildings and all other uses of land or of buildings are [ ] expressly prohibited." Section 174-9. Mr. Cook's proposal is to occupy one acre of land under the ocean with three thousand (3,000) 4 ft. by 4 ft. aquaculture cages and to use the said one acre area to operate an aquaculture grant. "Aquaculture" is not listed as a "permitted use" anywhere in the Table of Uses at Section 174-25. Consequently, it is expressly prohibited. The R-3 Zoning District does permit certain "farms" and farm-related activities. But Mr. Cook's proposal does not benefit from any of these provisions. Section 174-25(C)(1) permits "farms: agricultural, or horticultural or silvicultural." This provision does not permit "aquaculture." Moreover, the Zoning Bylaw defines a "farm" as: A parcel of land containing at least five (5) acres used for the primary purpose of agriculture, horticulture, floriculture or viticulture, including facilities for the sale of produce, wine and dairy products, insofar as the majority of products for sale have 1 See,Map Accompanying Report of Board of Harbor and Land Commissioners to the General Court Under Chapter 105 of the Resolves of 1893 Relating to the Boundary Line on Tidewater Between the Towns of Mashpee and Barnstable,September 1893 attached as Exhibit"F". 6