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FACTUAL ALLEGATIONS <br /> 17. The Plaintiffs are owners of properties on Popponesset Island and <br /> i <br /> Daniels Island Road in a residentially zoned (R-3) district. <br /> 18. Pursuant to Section 174-7 of the Mashpee Zoning Bylaw, the R-3 <br /> zoning district extends to the center of Popponesset Bay and/or the <br /> municipal boundary in Popponesset Bay dividing the Towns of <br /> Mashpee and Barnstable. <br /> 19. The Defendant, Cook, intends to construct, operate and maintain a one- <br /> acre, on-bottom shellfish aquaculture grant thirty (30) feet from the <br /> property owned by the Plaintiff, Caffyn, at 10 Popponesset Island Road. <br /> 20. The proposed location of the aquaculture grant is within the R-3 district <br /> and a FEMA designated velocity zone. <br /> ( <br /> 21. On February 22, 2011, Cook submitted an application to the Mashpee <br /> Board of Selectmen requesting a license, pursuant to G.L. c. 130, s. 57, <br /> i <br /> to conduct shellfish aquaculture in the aforesaid one-acre area. <br /> ! <br /> 22. After holding a public hearing on the matter on March 14, 2011, the <br /> TROY MALL i <br /> ASSOCIATES Board of Selectmen approved Cook's request for the shellfish <br /> ATTORNEYS AND <br /> COUNSELLORS AT LAW <br /> 90 ROUTE 6A aquaculture license. <br /> LNDWICH,MASSACHUSETTS <br /> ,763-1866 <br /> (508)888-5700 <br /> 5 <br />