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1 <br /> discrimination. The provisions of this paragraph shall apply to every city or town, ' <br /> including,but not limited to the city of Boston and the city of Cambridge. <br /> We caution the town that it would be inconsistent with G.L. c. 40A, § 3, for the town to <br /> apply or enforce its by-laws in a way that treats buildings and uses for the disabled with any less �. <br /> deference given to other similar types of buildings and uses projects. Such difference in <br /> treatment would violate the provisions of G.L. c. 40A, § 3. The town may wish to discuss these <br /> issues in more detail with town counsel. <br /> Article 22 - I return with the approval of this Office the amendments adopted under I <br /> Article 22, except as provided below. <br /> The amendments adopted under Article 22 add to the town's zoning by-laws a new r <br /> Section 174-45.5, "Land-Based Wind Energy Conversion Facilities (WECFs)." The proposed <br /> by-law allows WECFs by special permit. Section 174-45.5 (B) defines the special permit <br /> granting authority as the planning board. Section E pertains to general requirements and would <br /> have provided in pertinent part as follows: <br /> (4) Complaints. Upon written notification of a complaint detailing non- <br /> compliance with the terms of the special permit or the requirements of this <br /> chapter, the Building Inspector or his designee shall record the filing of such <br /> complaint and shall promptly investigate the complaint. If the Building Inspector <br /> determines that the WECF is not in compliance, the owner of the property shall be <br /> notified in writing to correct the violation. If the violation is not remedied within <br /> 30 days from the date of notification, the Building Inspector may require the <br /> WECF be rendered inactive and shall remain so until such time as the Building I. <br /> Inspector determines the WECF is in compliance. i <br /> If, upon investigation of said complaint, the Building Inspector determines that <br /> the WECF is operating in compliance with the special permit and the <br /> requirements of this chapter,notice in writing shall be provided to the person who j <br /> has filed such complaint and to the owner of the property stating that no further <br /> action is required, all within 30 days of the receipt of the written notification of <br /> complaint. Any person aggrieved by the Building Inspector's decision may {; <br /> appeal such decision to the SPGA. <br /> I, <br /> 9 . <br /> We disapprove and delete the above underlined text as inconsistent with the powers and <br /> duties give to the board of appeals under G.L. c. 40A, §§ 8 and 14'. [Disapproval# 1 of 11 <br /> ' General Laws Chapter 40A, Section 8,provides in part as follows: <br /> An appeal to the permit granting authority as the zoning. . .by-law may provide,may be <br /> taken by any person aggrieved by reason of his inability to obtain a permit or enforcement I, <br /> action from any administrative officer under the provisions of this chapter,by the regional <br /> planning agency in whose area the . . . town is situated, or by any person including an <br /> n abutting. . .town aggrieved by an order or <br /> officer or board of the . . .town, or of a <br /> decision of the inspector of buildings,or other administrative official,in violation of any <br /> provision of this chapter or any. . .by-law adopted thereunder. <br /> F:\USERS\RITCHIE\WP6ITOCS\TOWNS\MASHPEE\#4506A DIS.DOC 3 <br />