A resident filed an enforcement action request (June 2018) alleging Wind 2 violates Chapter 240 Section 3B of the Falmouth Zoning Bylaw (the local provision copied from M.G.L. c. 40A, s. 7).
In his response Building Commissioner Palmer said “The building permit (Mar. 2010) and the date of initial operation (Feb. 2012) are both beyond the six year enforcement provision of M.G.L. c. 40A, s. 7 for structures erected in reliance upon a building permit”. In effect, denying the resident’s request for zoning enforcement.
Note that when another resident filed an enforcement action request on Wind 1 (Dec. 2017) [building permit (2009) & initial operation (April 2010)], Building Commissioner Palmer determined Wind 1 to be an illegal structure not in compliance with Falmouth Zoning Bylaw and ordered it dismantled and removed. (see https://www.capenews.net/falmouth/news/falmouth-building-commissioner-orders-wind-removal/article_d3402481-490b-5f29-aa12-095be04249c0.html)
Despite the building commissioner’s (BC) application inconsistency between now and then, does Mr. Palmer make a case for…
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