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The complaint is brought pursuant to M.G. L. c.40A, §17 and.M.G.L. c.231A, §1 and <br /> appeals,the.improper Decision of the Mashpee ZBA granting the Special Permit for the razing and <br /> reconstruction of a-pre-existing single family cottage on the Lot and seeks a declaratory judgment <br /> under M.G.L. c.231A, §1 finding that Defendants' Petition under Mashpee Zoning Bylaw, §174-.1 <br /> 17.1, (Raze.and Replace)impermissibly allows the creation of new non-conformities without the <br /> issuance of a Variance from dimensional set back requirements. After one public hearing,held on <br /> February 27, 2019,.the Mashpee ZBA voted that same night to grant the Special Permit <br /> notwithstanding the evidence that the proposed reconstructed home is substantially larger than the <br /> existing nonconforming structure and homes in the immediate neighborhood and surrounding <br /> streets, and that not all special permits were identified in the application.The Mashpee ZBA's <br /> decision was filed with the,Mashpee Town Clerk on March 7,2019 A copy of the Decision with the <br /> date of filing March 7, 2019 certified by the Town Clerk is attached as Exhibit"A". <br /> I. PARTIES <br /> 1. Plaintiff, James F. Kelley and Patricia M. ("Kelley") are the owners of property located at <br /> 30.0verlook Knoll Road,Mashpee,Massachusetts, sometimes referenced as "Lot 8"on <br /> Land Court Plan 5496-C. The Kelley's are aggrieved by the Decision. <br /> 2. Plaintiff,25 Overlook Knoll Road,LLC is a duly established limited liability company in <br /> the Commonwealth of Massachusetts with an address of 10 Post Office Square Boston, <br /> Massachusetts. John M. Lynch("Lynch")is the Manager of the LLC,who owns and resides <br /> at the property at 25 Overlook Knoll Road,Mashpee,Massachusetts sometimes referenced <br /> as"Lot 10"on Land Court Plan 5496-C-BarnstableLand Court Registry.Plaintiff, <br /> 25 Overlook Knoll,LLC is aggrieved by the Decision. <br /> . 2 <br />