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A <br /> LAW OFFICES OF <br /> B <br /> WILLIAM C. HENCHY, P.C. <br /> 165 CRANBERRY HIGHWAY TELEPHONE:(508)255-1636 <br /> ROUTE 6A FACSIMILE: (508)255-1325 <br /> ORLEANS, MA 02653 INTERNET: whenchy@family.net j <br /> j <br /> i <br /> September 25, 2000 1 <br /> i , <br /> Mr. William Hauck <br /> Building Inspector <br /> Town of Mashpee <br /> Mashpee Town Offices <br /> Mashpee, MA <br /> I <br /> RE: Fred Glass; Lot 24 (Hse. No. 133) Tide Run, Mashpee, MA; Request for Zoning <br /> Enforcement and Ruling <br /> Dear Mr. Hauck: <br /> As you know I represent Mark Gorstein and Susana Lannik Gorstein, who are direct <br /> abutters to Mr. Glass' property at Lot 24 Tide Run, Mashpee. <br /> On April 28, 1999, the Mashpee Zoning Board of Appeals granted relief to Mr. Glass in <br /> the form of a Variance from the provisions of Mashpee Code 175-86, the ACEC overlay <br /> district. That Variance was subsequently modified, resulting in litigation in the j <br /> Barnstable Superior Court. The Superior Court remanded the matter to the Mashpee <br /> Zoning Board of Appeals, which after remand, week, denied the request to modify the <br /> variance, and allowed Mr. Glass' request to withdraw the request for modification. <br /> Those actions leave the April, 1999, variance standing. However, the relief granted to <br /> Mr. Glass in April, 1999, is insufficient to allow him to pull a building permit for at least <br /> three reasons: (1) he needs a variance from the (a) lot coverage and (b) wetlands setback <br /> requirements, and (2) the plans of record require a variance from the height limitation <br /> contained in the Zoning By-law. By this correspondence, I ask your ruling on these <br /> matters, and that you enforce the zoning by-law by refusing a building permit for Lot 24, <br /> Tide run, until the Zoning Board of Appeals grants appropriate relief from these <br /> requirements of the By-law. <br />