08/25/1999 ZONING BOARD OF APPEALS Decisions

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11/10/1999 13: 06 6177204449 LAW OFFICES PAGE 08 Zoning Board of Appeals July 30, 1999 Page 5 along with vegetative plantings. See, Sabatia Suggested Planting Plan, attached hereto as Exhibit 4. In so doing, the Commission has determined that the proposed garage project substantively meets the performance standards established under State Iaw and any additional performance standards established under the local Wetlands Bylaw. In fact, in accordance with the above-quoted provisions of the local Wetlands Bylaw, y[172-1, approval by the Commission under the local Bylaw unequivocally evidences compliance with the substantive requirements of the Wetlands Protection Act. Assuredly, the proposed garage is not exempt from the rules and regulations governing wetlands, either those imposed by the State or those imposed by Mashpee itself. III. Conclusion For the aforementioned reasons, which are analyzed in greater detail in our attached April 23, 1999 correspondence, the Building Inspector's decision must be overturned. The Massachusetts Supreme Judicial Court has held that building inspectors, when evaluating building permits, cannot act in an unreasonable, arbitrary, whimsical, or capricious manner and are under a duty to act fairly, judicially, and reasonably upon the evidence presented, keeping in mind the objects of the by-law- See, Mark Bobrowski, Handbook of Massachusetts land Use and Planning law, § 7.3.3. See also, e.g., Dinksy v. Town of Framingham 386 Mass. 801 (1982). In denying the Applicant's building permit application, the Building Inspector has acted in an arbitrary manner and has failed to satisfy this duty. For the aforementioned reasons, we request that the Building Inspector's denial of the Applicant's building permit be overturned and that a building permit be issued. Finally, we request that the ZBA schedule a hearing for this appeal at your next possible meeting date. Thank you for your consideration of this matter. Very truly yours, FASANELLA,JOHNSON, &WOOD, P.C. 17 Glenn A. Wood Jc` pc: Ms. Deborah Dami, Mashpee Town Clerk Mr. William Hauck, Mashpee Building Inspector Kenneth Litvack Michael Grotzke, P.F. 663/ZBA.appea I.juty.29.99 Fasanella, Johnson & Wood P.C. 0 wnrw ynaa�..