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Old 03-29-2019, 02:13 PM   #5
MAXUM
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This really doesn't have a whole lot to do with the neighbor per say. Granted they blew them into DES and complained about what was going on but that's not the kicker.

The owners had in hand approval for the following:

- Town approved variance to rebuild the structure
- Town approved building permit
- Town ZBA approved building the structure 10 foot back off the water
- DES approved permit where the ABOVE was duly noted
- DES approval did NOT contain any mention or contingency on height restrictions, however the town permit did which the owner abided by.

After construction commences DES realizes they have a problem with the height of the building?

Wetlands board over rules DES's objection

DES objects AGAIN, wetlands board rejects their objection AGAIN.

I hate to say it but as a casual observer, this does not make DES look very good unless there is some other pertinent anecdotal evidence that is not mentioned in the article that proves otherwise. Furthermore I find it offensive that the owner is subject to the financial burden of defending a project that was previously approved and followed the stipulations in those approvals as documented by both the town and state. The owner should therefore be able to recover those financial losses I would think.

Oh and that neighbor is a jerk!
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