08/25/1999 ZONING BOARD OF APPEALS Decisions

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® The Phoenix Group ENGINEERS -LANDSCAPE ARCHRECTS •PROJECT MANAGERS P.O.Box 173%Mashpee,MA 02649 508-539-0800 Fax:508-539-3780 PhoenixGroup@cape.com November 10, 1999 CD .n CD BY HAND DELIVERY Town Clerk — o Mashpee Town Hall 16 Great Neck Road =3C Mashpee, MA 02649 - 4w • w rn co M Re: Notice of Constructive Approval/Failure of Board of Appeal's To Act Upon Appeal of Building Inspector's Denial of Building Permit 11 Taffrail Way, New Seabury Dear Town Clerk: Please be advised that Kenneth Litvack-(the "Petitioner") filed an administrative appeal on July 30, 1999,..pursuant to M.G.L. c.40A, §15 from.the denial of the Mashpee Building Inspector to issued a building permit, relative to the Applicant's property at 11 Way, Mashpee, Massachusetts. (A copy of the Notice of Appeal, verifying receipt by the Town ClerkonJuly 30, 1999 is attached hereto at Exhibit 1). In accordance with M.G.L. c.40A, Section 15, Fifth Paragraph, the decision of the Board of Appeals (the "Board")must be made within one hundred days from the filing of . the notice of appeal. On November 7, 1999, the statutory timeframe lapsed in which the ' Board must have decided the administrative appeal. Therefore,we are hereby providing Notice to the Town Clerk and other parties in interest of the constructive relief granted, owing to the Board's failure to decide the Appeal within one hundred(100)days from July 30, 1999. The Applicant did not grant any extension to the Board to decide the appeal beyond the statutory period and therefore requests that constructive relief be granted. The specific relief, as set forth in Page 5 of the July 30, 1999 Notice of Appeal states: [Wle-request that the Building Inspector's denial of the Applicant's building permit be overturned and that a building permit be issued. (Exhibit 1, Page 5). In accordance with M.G.L. c.40A, Notice of the Constructive Approval/Relief has been sent by the petitioner to parties in interest, by mail, specifying that any appeal shall be made pursuant to-Section 17 of Chapter 40A and shall be filed within twenty days after the date the city or town clerk received such written notice from the petitioner that the board failed to act within the time prescribed. (A copy of the written Notice of Constructive Approval sent to the parties in interest is attached hereto as Exhibit 2.)