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foundations in the ground; also all parts of any structure <br /> aboveground except fences and field or garden walls or <br /> embankment retaining walls. " <br /> The aquaculture cages at issue are three-dimensional enclosures made of <br /> a combination of material assembled at a fixed point and permanently affixed to <br /> the bottom with an anchoring system. Consequently, the cages are "structures." <br /> Since the cages are "structures" and the installation of 3,000 cages <br /> constitutes "development", Mr. Cook's proposal is subject to Section 174-62. <br /> This Section clearly prohibits development and/or the installation of structures <br /> seaward of the high tide line. As a result, Mr. Cook's proposal is prohibited by <br /> the Zoning Bylaw. <br /> Moreover, even if Mr. Cook's proposal was permitted, he has not <br /> provided an engineer's certification that the cages are "securely anchored to <br /> adequate anchored pilings or columns in order to withstand velocity waters and <br /> hurricane wave wash. " <br /> C. The Proposed Aquaculture Grant Is Prohibited By Section 173-33 <br /> Of The Zoning Bylaw Which Mandates Setbacks From Water <br /> And Wetlands. <br /> Section 174-33 of the Mashpee Zoning Bylaw imposes setbacks from <br /> water and wetlands as follows: <br /> Any building or structure, exclusive of fixed or floating piers, <br /> wharves, docks, bridges or boardwalks, shall be set back at least <br /> fifty (50)feet from any water or wetlands as defined by M.G.L. c. <br /> 131, § 40. <br /> As argued above, the aquaculture cages at issue are three-dimensional <br /> enclosures made of a combination of material assembled at a fixed location to <br /> give support and shelter to the shellfish "planted" therein. The cages are <br /> 10 <br />