May 21 2014
Sean Driscoll in the Cape Cod Times reports today that the Popponesset oyster farm application approval has been upheld in court. This doesn't clear the way for the applicant, Richard Cook, to start operations. Oh no. The greedhead property owners fighting him can appeal to the Court of Appeals or the Supreme Judicial Court (which their bottomless pockets almost guarantees they will, at taxpayer expense to defend I might add). According to the Times the property owners have another suit pending against Mashpee's ZBA and building commissioner.
"The court stated the homeowners' claim that the Cape Cod Commission must review the project because it is a commercial development was incorrect. The commission's regulations include neither agriculture nor aquaculture in its definitions of a commercial project, the court stated.
The Appeals Court also found myriad other issues raised by the homeowners to be without merit, including claims that Cook had failed to adequately address the safety concerns of his gear potentially washing away in a storm and that the Conservation Commission reached its decision without enough deliberation or consideration."