1970-1975-ZBA APPEALS - BLACKBOOK (2)

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THE COMMONWEALTH OF MASSACHUSETTS TOWN OF MASAPFM DOARD OF APPEAJ.S June 11 ..............193..... ....--••-----------------------... .. Decision of the Board of Appeals on the appeal and petition of---------------------------------------------- Mr. and Mrs. Andrew Higgins .................. .........•--....--•-------------------------•-----------.......-•----...-..--...-......----....-..-..----.................................--------- Hearing: April 17. 1973 Time: 8:00 p.m. Place: Mashpee Town Hall Appeals Board: P.M. Lawrence, C. Keliinui, K. O'Connell w , Petitioner: Mr. and Mrs. Andrew Higgins 4 FACTS On January 10, 1973 Michael Jones* builder of the Higgins Housep applied for and was issued a building permit by the Town of Mashpee. (see copy attached) The plans and the permit indicated that the structure was to be a 2-1/2 story structure 34-1/2 feet in height. On March 28. 1973 the building inspector determined that the house was in violation cc' section 2.24 and Sec. 2.25 of the 1971 Zoning By-Laws concerning stories and Sec. 7.4 ,V concerning height restrictions. On April 2. 1973 a petition for variance was presented to the Appeals Hoard and a hearing was set for April 17. 1973- V Questions arose during the hearing about the height of the structure and it was determined that the Appeals Board would meet with the Building Inspector at the structure on April 21P 1973. At this time a measurement from lowest floor to the ridge { showed the structure to be 36 feet in height. The Appeals Board in meeting with the petitioners and their builder informed the petitioners of the fact that the building was in excess of 35 feet. 'the petitioners agreed with the Appeals Board that a structural change was necessary in order to conform to the height restriction. The architect and builder redesigned the top ridge of the house and moved the top section so that the house is 32 feet in height. The third story of the house in question does not. in its entirety meet the specifications set forth in Sec. 2.24 and Sec. 2.25. The Appeals Board found that during the hearings heldo a sufficient amount of doubt concerning the interpretation of the By-Law has made it necessary to request that the Planning Board of the Town of Mashpee revise the By-Law to make the provision of said law more abundantly clear. FORM 1095 NOSES 9 WARREN. INC.