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THE COMMONWEALTH OF MASSACHUSETTS <br /> 1 TOWN OF MASHPFF <br /> s <br /> BOARD OF APPEALS <br /> .......Febr�?bV.91hL....................19----72. <br /> Decision of the Board of Appeals on the appeal and petition of.............................................. <br /> Robert Tobey <br /> .........................................................................................................................................................----........ <br /> He January 19th, 1972 <br /> Time: 8:00 p.m. Mashpee Town Hall <br /> Board Members: Peter M. Lawrence <br /> Clara Keliinui <br /> Kevin D. O'Connell <br /> Finding: The Board herein denies the petition of Robert Tobey for a Special <br /> Permit to replace a trailer, a non-conforming use, on his property' <br /> at Route 130, Mashpee. <br /> The decision of the Board is based on the following findings: <br /> A. The Board finds that at the time of the fire in 1969, the <br /> property was under the "By Laws of the Town of Mashpee 1967" <br /> which state in Chapter III, Article II, Part D, Paragraph 2 <br /> the following: <br /> "Any such non-conforming building which has been damaged by <br /> "fire or other cause ..to any extent may be repaired or rebuilt , <br /> but the total floor area shall not be increased, unless first <br /> authorized by a Special Permit from the Board of Appeals, <br /> and providing said owner shall apply for a building permit <br /> and start operations for restarting or rebuilding on said <br /> premises within (12) months after such catastrophe. " <br /> Because the petitioner did not conform to the provisions of the <br /> by-law, the Board feels that the non-conforming use ended twelve <br /> months after the time of the fire. The petitionert request for a. <br /> Special Permit to replace the existing trailer with a new trailer <br /> was not received by the Board of Appeals until December 27, 1971, <br /> a period of more than 2 years from the time of the fire. Attached <br /> is a letter to the petitioner dated April 29, 1971 in which is <br /> stated that inasmuch as the damage was done over two years ago, <br /> it would appear, in the opinion of Town Counsel, that the petitioner's <br /> situation does not come under the above exception. <br /> B. The Board finds that the petitioner's request to replace the <br /> existing trailer, which in fact measures 24 feet by 611/2 feet, with <br /> a trailer measuring 48 feet, as stated by the petitioner at the time <br /> of the hearing, does not fulfill the spirit or intent of the by-law. <br /> C. The parcel of land in question lies within an historical district <br /> of the Town of Mashpee. At the present time the Town of Mashpee is <br /> attempting to egtablish the character of the historical districts <br /> and the Board feels that the granting of this permit would not be in <br /> the bast interes of the neighborhood or the Town of Mashpee. <br /> FORM 1095 HOBBS 8 WARREN. INC. / CIA <br /> �� <br />