08/25/1999 ZONING BOARD OF APPEALS Decisions

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11/10/1999 13:06 6177204449 LAW OFFICES PAGE 10 Robert A. Fasanella Shephard S. Johnson, )r." Stephanie A. Kiefer Clenn A. Wood W Carrie E. Dahlstrom "Also admitted in VT Attorneys at Law 92 State Street, Suite 200, Boston, Massachusetts 02109 (617) 720-2299 a Fax: (617) 720-4449 November 10, 1999 By First Class Mail Re: Notice of Constructive Approval/Relief I I Taffrail Way, New Seabury Kenneth Litvack To Whom it May Concern.- Please oncern:Please be advised, in accordance with M.G.L. c.40A, §15, you are being provided this Notice of the Constructive Approval relative to the issuance of a building permit for an accessory garage at the property located at 11 Taffrail Way, Mashpee (Map 106,Block 7). We are writing to inform you that Kenneth Litvack, of 11 Taffrail Way, Mashpee filed a building permit application with the Mashpee Building Inspector on May 20, 1999 to construct a garage adjacent to the existing dwelling on that property. Said application was denied on July 2, 1999 and an appeal was filed with the Town Clerk and Zoning Board of Appeals on July 30, 1999. In accordance with M.G.L. c.40A, Section 15, Fifth Paragraph, the decision of the Board of Appeals must be made within one hundred days from the receipt of the Notice of Appeal. As of November 7. 19991, one hundred days lapsed since the filing of the Notice of Appeal with the Town Clerk and with the Zoning Board of Appeals without a decision made thereon. The Applicant did not grant an extension for the Board of Appeals to make its decision beyond the statutory 100 days and therefore the relief requested is constructively granted. The specific relief, as set forth in the Notice of Appeal states: [W]e request that the Building Inspector's denial of the Applicant's building permit be overturned and that a building permit be issued. (Notice of Appeal, dated July 30, 1999, Page 5). An appeal of the constructive relief, is any, shall be made pursuant to Section 17 of Chapter 40A and shalt be filed within twenty days after the date the Town Clerk received such written notice from the petitioner that the Board failed to act within the time prescribed. Written notice was provided to the Mashpee Town Clerk on November 10, 1999 and accordingly, any appeal shall be filed within twenty days after that date. Sincerely yours,U Stepharnie A. Kiefer cc: Kenneth Litvack Mailing List 683/ebuner.notoice Southeastern Mass. Office: 628 Pleasant Street, Suite 428, New Bedford, MA 02740 (508)991-5000 • Fax: (508)991-5252 vnmoa o„.eryN.anwor