1970-1975-ZBA APPEALS - BLACKBOOK (2)

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TOWN OF MASHPEE APPEALS BOARD JUNE 229 1973 Appeals Board: Peter M. Lawrence Clara Keliinui Kevin D. O'Connell Hearing: April 24+ 1973 Place: Mashpee Town Hall Time: 8PM FACTS On August 9v 1972 Alfred Tokarzp builder for Mr. Robert Darvin, applied for and was granted a building permit for a structure at 514 Triton Wayr New Seabury. The building permit stated that the house was to be two stories in height and no more than 24 feet from the ground to the highest part of the roof. On the 28 of Marchthe building inspec- tor revoked the building permit stating that the structure violated Section 2.24 and 2.25 of the Mashpee waning code. On April 5. 1973 Mr. Darvin appealed the decision of the building inspector. A hearing was held on April 24, 1973• During the hearing counsel for Mr. Darvin argued that the zoning by-law left a serious amount of doubt as to it's intent# and further stated that the Darvin House was not a three story structure. The Appeals Board with the building inspector visited the Darvin House on Saturday April2l, 1973• The height of the structure was found to be on an average 33} feet from natural grade to the ridge. The board feels that the structure t with the exception of one room on the basement level. "1 cannot be considered a three story structure. The single room at basement level on the I left side of the house facing the house from Triton Way, corresponds to an identical room on the right side of the house that houses the heating systemt hot water . etc.. The room in question faces Triton Way and is enclosed on the front by a glass sliding door. Decision Because the house is not in violation of the height restrictions of the Town of Mashpee and the fact that the Board does not consider the Darvin House to be more than two and one-half sones with the possible exception of the above descti.bed room. the Board of Appeals directs the Building Inspector to reinstate the permit revoked on March 28. 1973, with the following condition. The board feels that a reasonable amount of doubt concern- ing the the definition of a half story exists in the zoning by-law. The room in questiont the board feelso fits within this grey area. The room is not an important part of the total structure and after discussions with Mr. Darvins Attorney, it has been decided that the sliders on the front of the room shall be removed and the room shall become a patio room open to the elements. The area of doubt which has arisen from the interpretation of the by-law has caused severe hardship for a number of people in Town of Mashpeep and it is the feeling of the board that the by-law should be r itten to be more asily and factually interpreted. i Vote; Unanimous � 73e e�o-e �, �e