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