08/25/1999 ZONING BOARD OF APPEALS Decisions

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11/10/1999 13:06 6177204449 LAW OFFICES PAGE 05 Zoning Board of Appeals July 30, 1999 Page 2 his inability to obtain a permit or enforcement action from any administrative officer under the provisions of this chapter . . . . The Mashpee Zoning Board of Appeals (the "ZBA") has the power to hear and decide appeals taken from the decision of the Building Inspector. See, M.G.L. c.40A, §14(1) and 14(4). Such appeals must be taken thirty (30) days from the date of the order or decision which is being appealed. See, M.G.L. §40A, §15. The Applicant is a "person aggrieved" under §8 in that the Building Inspector's denial of his application prevents him from constructing a single-car.garage on his property located at 11 Taffrail Way in Mashpee, Massachusetts, further described as Assessor's Map 106, Block 7. Furthermore, as the Building Inspector's denial correspondence is dated July 2, 1999, this appeal has been filed in a timely manner. See, correspondence from Mr. William Hauck, Mashpee Building Inspector, to Fasanella, Johnson, & Wood, dated July 2, 1999, attached hereto as Exhibit 1. We note, however, that the Building Inspector's correspondence was not mailed to our office until July 12, 1999 and, consequently, our office did not receive it until July 15, 1999. II. Factual Discussion The Applicant's building application, filed on or about May 20, 1999, was filed with the Building Inspector as a new complete building permit application. See, Building Permit Application, attached in part hereto as Exhibit 2. This application was accompanied by a correspondence from our office explaining the legal and factual grounds for the approval of this application. See, correspondence from Fasanella, Johnson, & Wood to Mashpee Building Inspector, dated April 23, 1999, attached hereto as Exhibit 3. III. Legal Analysis It has continually been our position that the Applicant's building permit application should have been approved and should now be approved on appeal by the ZBA. While the following narrative summarizes our legal position, more detailed analysis of our legal position is included in our April 23, 1999 correspondence submitted to the Building Inspector(Exhibit 3). Fasanella, Johnson & Wood P.C.