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08/10/2011 ZONING BOARD OF APPEALS Minutes
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08/10/2011 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
08/10/2011
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the center line or as being parallel to the center line of such street, <br /> highway, railroad right-of-way, watercourse or town municipal <br /> boundary. <br /> The Petitioners' properties are within an R-3 Residential District. The <br /> Zoning Map shows the district boundary to be parallel to the waters of <br /> Popponesset Bay. By virtue of the provisions of Section 174-7, the R-3 District <br /> therefore extends to the center of Popponesset Bay. This makes perfect sense <br /> because the municipal boundary is in the center of Popponesset Bay. If the <br /> district did not extend to the municipal boundary, then the waters of <br /> Popponesset Bay would not be zoned. This would, obviously, be contrary to <br /> the purpose of the Zoning Bylaw. <br /> This is also consistent with the enabling authority conferred upon <br /> municipalities to enact zoning regulations. The legislature specifically <br /> authorized municipalities to adopt zoning regulations that include, but are not <br /> limited to, restricting, prohibiting, or regulating: <br /> 1) Uses of land, including wetlands deemed subject to seasonal or <br /> periodic flooding; 2) size, height, bulk and use of structures, including <br /> buildings and signs ... 3) uses of bodies of water, including water <br /> courses; 4) noxious uses; 5) areas and dimensions of land and bodies of <br /> water to be occupied by uses and structures, court yards, and open <br /> spaces; 6) densities of population and intensity of use; 7) accessory <br /> facilities and uses, such as vehicle parking and loading, landscaping, and <br /> open space; and 8) the development of the natural, scenic and aesthetic <br /> qualities of the community. (Emphasis added). See, 1975 Mass. Acts <br /> 808, § 2A. <br /> The Legislature unambiguously authorized the Town to zone bodies of <br /> water within its corporate boundaries. The Legislature has defined Mashpee's <br /> corporate boundary to be the center of Popponesset Bay. Section 174-7 of the <br /> Bylaw unarguably extends the R-3 District to the Mashpee's corporate <br /> boundary in the center of Popponesset Bay. Thus, Mashpee's Zoning Bylaw <br /> extends jurisdiction and enforcement authority to the waters of Popponesset <br /> 13 <br />
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