1970-1975-ZBA APPEALS - BLACKBOOK (2)

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STAFF AND WELSH ATTORNEYS AT LAW 712 MAIN STREET HYANNIS. MASS. 02601 RICHARD O. STAFF March 8, 1972 AREA CODE 617 ROBERT A. WELSH. JR. TELEPHONE 775.0765 Board of Appeals Town of Mashpee Town Hall Mashpee, Massachusetts Re: Application for petition of Malcolm E. Macdonald , d/b/a Otis Trailer Park Gentlemen : I have been asked to render an opinion concerning a variance or special permit to permit Dr . Macdonald to use a parcel of land previously vacant to extend a trailer park. The zoning by-laws enacted in 1971 do not provide for installation of a trailer park or mobile home park, see Table of Use Regulations Par.A No. 9. The section dealing with non-con- forming oncon- forming uses provides that no non-conforming use may be changed , intensified, extended or enlarged in any manner except as per- mitted by the Board of Appeals . I rule that it is not per- under a special permit to extend the existing trailer park to a separate parcel of land. I have examined the record concerning the issuance of special permits for variances issued by the Appeals Board since the inception of the zoning by-law and find that no such permits or variances were issued. I have examined the license book of the Board of Health concern- ing the issuance of permits to the Otis Trailer Park and find that the first permit issued to the Otis Trailer P'ark in 1958 restricted the number of trailers to 36 units . I find that in 1959 the Board of Health permit limited the number of trailers to 75 units . I find that some time between 1967 and 1970 the total number of units permitted by the Board of Health limited the number to 85 units . I find that in 1970 the Board of Health issued a permit to provide the maximum number of units to be 85 , maximum of traveling trailers limited to 250 and total number of combined units ' not to exceed 250. It should be pointed out that the license of the Board of Health does