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THE COMMONWEALTH OF MASSACHUSETTS <br />TOWN OF MARHPFF <br />s <br />BOARD OF APPEALS <br />Febr S?S.0.9.01.................... 19---- 72. <br />Decision of the Board of Appeals on the appeal and petition of <br />Robert Tobey <br />---- ------• ............................................................. ••....-....-..--------..-.........................-..-------- . ---.....-.. <br />Hearing: 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 interests of the neighborhood or the Town of Mashpee. <br />FORM 1096 HOBBB 8 WARREN, <br />�K1 <br />