08/10/2011 ZONING BOARD OF APPEALS Minutes

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substantial improvement within the V Zones shall be elevated on adequately anchored pilings or columns and securely anchored to such piles or columns so that the lowest portion of the structural members of the lowest floor, excluding pilings or columns, is elevated to or above the base flood elevation, and certified by a registered professional engineer or architect that the structure is securely anchored to adequate anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. Mr. Cook's proposal is subject to Section 174-62 because is constitutes "development" and because the aquaculture cages are "structures." Section 174-58 sets for general provisions that are applicable to the Zoning Bylaw's Floodplain Provisions. In pertinent part, this section defines "development" in Foodplain areas as "any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations, at or below the base flood elevation as specified within the A and V Zones." The installation of 3,000 aquaculture cages below the line of mean low water certainly constitutes a man-made change to unimproved real estate. Consequently, Mr. Cook's proposal constitutes "development." In addition, the installation of the cages constitutes the installation of "structures" and "buildings" seaward of the reach of high tide. The terms "structure" and "building" are defined by the Zoning Bylaw as follows: "Structure — A combination of material assembled at a fixed location to give support or shelter, such as a building, tower framework,platform, bin, sign or the like. " "Building — Includes the word `structure' unless the context unequivocally indicates otherwise. `Building' shall also mean any three-dimensional enclosure by any building material of any space for use or occupancy, temporary or permanent, and shall include 9