In an Opinion issued February 20, 2009, Massachusetts Attorney General Martha Coakley approved Wellfleet’s 2008 National Seashore District zoning amendments. Approval of zoning bylaws is required by state law.
The Attorney General said that Wellfleet’s regulation of “Maximum Site Coverage in the National Seashore Park” is not inconsistent with state zoning law. Specifically, it does not directly regulate interior area of a dwelling, which is prohibited. Regulation of the bulk of buildings and of lot coverage is permitted.
The Attorney General also rejected a challenge to the posting of the text of the zoning amendments prior to the Planning Board’s hearing, because the full text of the new rules were published in the Board’s hearing notice.
Read the full text of the Opinion here: A.G. Approval Opinion Feb 20 2009.