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r REARDON & THOMAS <br /> ATTORNEYS AT LAW <br /> CORNER OF DEARSE'S WAY AND BABSETT LANE <br /> POST OFFICE SOX 978 <br /> HYANNIS, MASSACHUSETTS 02601 <br /> JOSEPH J. REARDON 16171 771-4644 ORLEANS OF CE <br /> WILLIAM W. THOMAS <br /> ADDRESS ALL CORRESPONDENCE TO HYANNIS ADDRESS 45 SOUTH ORLEANS ROAD <br /> ROUTE 2B <br /> ORLEANS, MASS. 02653 <br /> 16171 255.3125 <br /> May 7 , 1981 <br /> Harold Collins , Building Inspector <br /> Town of Mashpee <br /> Main Street <br /> Mashpee , Mass . 02649 <br /> Re : Opinion on windmill tower <br /> Dear Harold: a <br /> I have been requested to render an opinion concerning the <br /> question of whether or not an 80-foot tower. structure on which <br /> a wind-mill is located is permissible in a residential zone in <br /> the Town of Mashpee. <br /> As you know, all zoning is exclusionary in nature. By <br /> that I mean that no use of property is permitted unless the <br /> zoning by-law specifically permits it-or the Board of Appeals <br /> grants relief from the operation of the by-law. <br /> l I have examined the current zoning by-law of Mashpee . <br /> I I direct your attention to paragraph 2 . 28 wherein the term <br /> "structure" is defined as "a combination of material assembled <br /> at a fixed location to give support or shelter such as a build- <br /> ing, tower. frame-work, platform, bin, sign, or the like . " <br /> It is , accordingly , quite apparent that the subject tower in <br /> question is, a structure within the meaning of the zoning by- <br /> law. <br /> I would further call your attention to section 2 . 04 wherein <br /> the word "building" is defined as including "the word "structure" <br /> unless. the context unequivocally indicates otherwise . " Thus you <br /> can see that the tower in •question is not only a structure but is <br /> J also a building within the meaning of the zoning by-law. <br /> 1 Section 6 . 1 of the by-law provides that "no building, <br /> structure , or land shall be used or occupied except for the pur- <br /> poses permitted as set forth in the accompanying Table of Use <br /> Regulations , Section 6. 3. 11 <br /> A careful reading of Section 6. 3 fails to reveal any pro- <br /> vision made for the construction and maintenance of a tower or <br />