08/25/1999 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee M a 16 Great Neck Road North +ati.... %cis' �a�rraco• Mashpee, Massachusetts 02649 July 2, 1999 Mr. Glenn Wood % Fasanella, Johnson & Wood P.C. 92 State Street Boston, Ma 02109 Re: 11 Taffrail Way, Map 106 Block 7, Kenneth Livack Dear Mr. Wood, This letter is in reply to the May 20, 1999 submittal of a building permit application. I understand that a court date was continued for an appeal of the Board of Appeals decisions while awaiting my decision on your April 23, 1999 letter. You had applied to the Board of Appeals for a special permit (SP-98-20, expansion of a non-conforming home)and a variance (V-98-30, for a setback from Section 174-31 and 174033). Both were denied by the Board and this office cannot override those denials. Your letter of April 23, 1999 that came with the building application presents the proposal that this addition is exempt from Section 174-33 which requires a 50 foot setback from wetland and therefore I should issue a building permit. MGL Chapter 40-A Section 3 Paragraph 1 Sentence 2 states "No zoning ordinance or by-law shall exempt land or structures from flood plain or wetland regulation established pursuant to general law". Zoning regulation such as Mashpee Zoning Section 174-33 (which requires a 50 setback from wetlands) are established with the coordination of the Conservation Commission. As 40-A does not allow exemptions from wetlands regulations, wetland regulations allows local regulations and this was established under general law (zoning), it is my determination that section 174-33 is applicable to all lots and structures. Your proposed structure does not meet the required 50 foot setback and the permit is denied. You have the right to appeal this decision to the Board of Appeals. Sincerely, Wil iam . Hauck Building Commissioner