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April 5 - Town of Falmouth

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Judicial Court for further review. Thanks.<br />

THE MODERATOR: Okay, Mr. Finneran.<br />

MR. FINNERAN: Yes, Mr. Moderator, through you to Mr.<br />

McNamara. I have a neighbor who spent tens <strong>of</strong> thousands <strong>of</strong> dollars<br />

battling a situation similar to Mr. DeWitt’s. It was on 209 and 209A Trotting<br />

Park Road. Can someone tell me how this would affect that property?<br />

that?<br />

THE MODERATOR: Mr. McNamara, are you able to answer<br />

MR. MCNAMARA: Mr. Moderator, I’m sorry, I can’t. I’m not<br />

familiar specifically with that parcel.<br />

THE MODERATOR: Okay, actually, Mr. McNamara, you<br />

were next on the list. And then Mr. Latimer.<br />

MR. MCNAMARA: Thank you, Mr. Moderator. Just a couple<br />

<strong>of</strong> corrections. I don’t want to leave you thinking some things that Mr.<br />

DeWitt left you with.<br />

First <strong>of</strong> all, this idea <strong>of</strong> a seven or ten year protection. One <strong>of</strong><br />

the things I mentioned was the Land Court talked about multiple dwellings<br />

on a lot is a use. There is no such protection for uses. The protection Mr.<br />

DeWitt mentions is protection for an illegal structure that may have existed<br />

for seven or ten years. We’re talking not here about a ro<strong>of</strong> on a building,<br />

we’re talking about a use, so there is no protection.<br />

Mr. DeWitt suggests that the ZBA ignores <strong>Town</strong> Meeting.<br />

Tinkham Reporting<br />

(508) 759-9162<br />

1-<br />

50

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