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2. That the lands at issue are owned and controlled by the <br /> Commonwealth of Massachusetts and are exempt from zoning <br /> regulation; <br /> 3. The aquaculture cages are not structures with the context of the <br /> Zoning Bylaw definition; <br /> 4. The proposed use is not "development" within the scope of Section <br /> 174-62 of the Zoning Bylaw. <br /> The Petitioners respectfully contend that the grounds upon which the <br /> Building Inspector based his determination are erroneous. <br /> A. The Zoning Bylaw Applies To The Waters Of Popponesset Bay <br /> And The Land Located Below The Mean Low Water Line Of <br /> Popponesset Bay. <br /> Pursuant to M.G.L. c. 42, § 1, the boundary lines in tidal waters between <br /> adjacent coastal communities are located and defined by the Board of Harbor <br /> and Land Commissioners and confirmed by the General Court. See, M.G.L. c. <br /> 42, § 1 (copy attached as Exhibit "G"). <br /> The Board of Harbor and Land Commissioners determined the boundary <br /> line between Mashpee and Barnstable in Popponesset Bay to be the center of <br /> the Bay. The determination was confirmed by the General Court in Chapter <br /> 105 of the Acts of 1893. A copy of the plan showing the boundary line is <br /> attached as Exhibit "F". <br /> Section 174-7 of the Mashpee Zoning Bylaw provides: <br /> Where a district boundary is indicated as within or parallel to a <br /> street, highway, railroad right-of-way, watercourse or town <br /> municipal boundary, such district boundary shall be construed as <br /> 12 <br />