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REARDON & THOMAS <br /> ATTORNEYS AT LAW <br /> CORNER OF SEARSE'S WAY AND BASSETT LANE <br /> POST OFFICE BOX 978 <br /> HYANNIS, MASSACHUSETTS 02601 <br /> JOSEPH J. REARDON <br /> (677) 771-4644 ORLEANS OFFICE <br /> WILLIAM W. THOMAS <br /> ADDRESS ALL CORRESPONDENCE TO HYANNIS ADDRESS 45 SOUTH ORLEANS ROAD <br /> BRADLEY J. BAILEY <br /> ROUTE 28 <br /> (] <br /> ORLEANS, MASS. 02653 <br /> January 27 , 1984 (617) 255-3125 <br /> Jame Labute, Clerk <br /> Town of Mashpee <br /> P . 0. Box 1108 <br /> Mashpee, MA 02649 <br /> RE: Article Submitted by Mashpee Taxpay-ars <br /> for Moratorium <br /> Dear Jane : <br /> The effective date of the Moratorium article relative to zoning <br /> is the date it is adopted by the Town Meeting. This will have <br /> effect upon persons seeking special permits or variance (no <br /> use variances allowed under the by-law) . With reference to the <br /> issuance of a building permit , a different time frame exists . <br /> Chapter 40A Section 6 recites that a zoning ordinance or by-law <br /> shall not apply to a building permit or special permit issued <br /> before the first publication of notice of the public hearing on <br /> such ordinance or by-law which the Planning Board is required to <br /> hold, but shall be applicable to any building or special permit <br /> issued after the first notice of said public hearing. <br /> The bottom line is the date of publication of the Planning Board <br /> notice of public hearing. No special permit or building permit <br /> may issue after this date until such time as the Town Meeting takes <br /> action on the proposal. If the proposal is adopted by the Town Meeting <br /> the Moratorium will be effective retroactive to the date of the notice <br /> of public hearing. <br /> I hope this answers the question you have posed in your letter to <br /> me .df February 23, 1984 . I am not sure that you have requested <br /> this information, but the Moratorium proposal as submitted will <br /> essentially become effective with the date of publication because <br /> the Board of Appeals and the Building Inspector may not issue any <br /> special permit or building permit, as the case might be, from and <br /> after the date of publication of the Planning Board notice of <br /> hearing. <br /> Yoi,)rs very trhJ,y,, <br /> i <br /> R• s s a s� h,,'J Rear art„o n <br /> J <br /> 7 • � pee Town Counsel <br />