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THE COMMONWEALTH OF MASSACHUSETTS <br />N:A s' u! :1'91 <br />130A,HD OF APPEALS <br />June 1.. <br />............................ <br />- 11 ..............1973..... <br />Decision of the Board of Appeals on the appeal and petition of <br />10 Mr. and Mrs. Andrew Higgins <br />Hearing: April 17. 1973 <br />Time: 8:00 p.m. <br />Place: Mashpee Town Hall <br />jeAppeals Board: P.M. Lawrence, C. Keliinuip K. O'Connell <br />Petitioner: Mr. and Mrs. Andrew Higgins <br />FACTS <br />On January 10, 1973 Michael Jones* builder of the Higgins Housep applied for and was <br />issued a building permit by the Town of Mashpee. (see copy attached) The plans and <br />the permit indicated that the structure was to be a 2-1/2 story structure 34-1/2 feet <br />in height. <br />On March 28. 1973 the building inspector determined that the house was in violation cc' <br />section 2.24 and Sec. 2.25 of the 1971 Zoning By -Laws concerning stories and Sec. 7.4 <br />concerning height restrictions. <br />On April 2. 1973 a petition for variance was presented to the Appeals Hoard and a <br />hearing was set for April 17. 1973. <br />Questions arose during the hearing about the height of the structure and it was <br />determined that the Appeals Board would meet with the Building Inspector at the <br />structure on April 21P 1973. At this time a measurement from lowest floor to the ridge <br />showed the structure to be 36 feet in height. The Appeals Board in meeting with the <br />petitioners and their builder informed the petitioners of the fact that the building <br />was in excess of 35 feet. 'the petitioners agreed with the Appeals Board that a <br />structural change was necessary in order to conform to the height restriction. The <br />architect and builder redesigned the top ridge of the house and moved the top <br />section so that the house is 32 feet in height. <br />The third story of the house in question does not, in its entirety meet the <br />specifications set forth in Sec. 2.24 and Sec. 2.25. The Appeals Board found that <br />during the hearings heldo a sufficient amount of doubt concerning the interpretation <br />of the By -Law has made it necessary to request that the Planning Board of the Town <br />of Mashpee revise the By -Law to make the provision of said law more abundantly clear. <br />FORM 1095 NOSES 9 WARREN. INC. <br />