11/10/2010 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Richard Stevens, Building Commissioner, Town of Mashpee June 4, 2010 Page 2. Unfortunately, the term "building line" was not defined in the Zoning Bylaw. However, section 2.40 directed that for undefined terms, one should look to definitions in the Mashpee Building Code. For terms not defined, case law indicates that each term used in a set of land use regulations be given its plain English meaning and that terms used in a Bylaw are all relevant and not to be ignored. Here,the plain English definition for building line would be the line at which the building could be located; i.e., a setback line. We must assume that a requirement that there must be 100' of width at the building line would not have been included in the Bylaw if it had no meaning. In fact, it was common in Zoning Bylaws of the period to require Building [setback] lines for lots located where significant road curvatures occurred or on"pork chop" lots to ensure sufficient width at the front of the building. Since the side yard setbacks were to be at least 15' wide,the 100'width would have ensured sufficient area for housing construction, driveways, garages and side yards. In light of the forgoing, and the fact that the "BL" shown on the subdivision plan has a width of 100', we would request an opinion as to whether the "BL" line is a building setback for this site and whether Zoning Relief would be required to construct a dwelling on the lot closer to the street than the Building Line shown on the subdivision plan. Thank you for your consideration in this matter. Very truly yours, Mark C. Gildea MCG/bcp.s R08-168 't;