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THE COMMONWEALTH OF MASSACHUSETTS <br /> OFFICE OF THE ATTORNEY GENERAL <br /> WESTERN MASSACHUSETTS DIVISION <br /> �•���� 1350 MAIN STREET <br /> SPRINGFIELD,MASSACHUSETTS 01103-1629 r <br /> THOMAS F. REILLY (413)784-1240 <br /> ATTORNEY GENERAL www.ago.state.maxs <br /> August 18, 2004 <br /> f:X <br /> Deborah Dami, Town Clerk <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> A <br /> RE: Mashpee Annual Town Meeting of May 3,2004' —Case#2934 <br /> Warrant Article# 17 (General) <br /> Warrant Articles # 12 and 18 (Zoning) ° 4' Y t' <br /> Dear Ms. Dami: ` •' �� <br /> Articles 12, 17, and 18 - I return with the approval of this Office the amendments to the <br /> town by-laws adopted under these Articles on the warrant for the Mashpee annual town meeting <br /> that convened on May 3, 2004. <br /> Article 12 - The amendments adopted under Article 12 make a number of changes to the <br /> town's zoning by-laws. One such change adds two new paragraphs to Section 174-45.1 r <br /> "Commercial centers." The new text provides in pertinent part as follows: <br /> No increase in height above that which is allowed in the underlying zoning district may be <br /> approved unless there is adequate access for Fire Department vehicles and equipment and <br /> all Fire Protection Construction Documents required by 780 CMR Subsection 903.1.1 of the <br /> Massachusetts State Building Code, as it existed on May 3, 2004,have been submitted to the , <br /> Planning Board and Fire Department as part of the special permit application and the Board , <br /> is satisfied that the fire protection standards of said Subsection will be met. A II <br /> • '9 <br /> (Emphasis added.) <br /> A 1.` <br /> In approving the amendments adopted under Article 12, we call the town's attention to <br /> the State Building Code. Beginning with Chapter 802 of the Acts of 1972, as amended by <br /> Chapter 541 of the Acts of 1974, the Legislature eliminated local building codes, intending <br /> thereby to create a state-wide "comprehensive" state building code applicable uniformly <br /> throughout all the communities of the Commonwealth. Today, any town seeking to enforce <br /> regulations more restrictive than those currently imposed under the State Building Code must c; <br /> request that the State Board of Regulations and Standards adopt such regulation. f, <br /> G.L. c. 143, § 98. The Board will grant such a request only upon a finding, after conducting a <br /> public hearing, "that more restrictive standards are reasonably necessary because of special <br /> conditions prevailing within such city or town and that such standards conform with accepted <br /> F:\USERS\RITCHIE\WP61\DOCS\TOWNS\MASHPEE\#2934A.APP.wpd A <br /> r <br /> Ar, <br /> r <br />