01/13/2021 ZONING BOARD OF APPEALS Decision

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21. On February 1, 2021, the Board issued a written decision (SP-2021-05) which was filed with the Mashpee Town Clerk on the same date. An attested true copy of the decision is attached hereto as Exhibit 1. 22. The Trustee is aggrieved, within the meaning of M.G.L. Chapter 40A, § 17, by the decision of the Board. 23. The decision of the Board is erroneous, in excess of the Board's authority, against the weight of the evidence, arbitrary, capricious and whimsical. 24. The errors made by the Board in rendering its decision include, but are not limited to, the following: a. The Board erred in granting the special permit because the proposed house will be substantially more detrimental to the neighborhood and substantially more detrimental compared to what currently exists. b. The proposed house will be significantly out of scale with the other dwellings in the neighborhood, and will increase density and congestion, and it will tower over the Trustee's dwelling and thereby interfere with natural light and air and it will generate noise. c. The proposed air conditioner units and generator, which will be within the side yard setback,will create a new nonconformity and, therefore, require a variance. Section §174-17.1 specifically states: "In no case shall new non-conformities be permitted without the issuance of a Variance." d. The Mashpee Zoning Bylaw limits the amount of area of a lot that can be covered with structures ("lot coverage"). Under the Bylaw, wetlands, as defined under M.G.L. c. 131, § 40, may not be counted for purposes of calculating maximum lot coverage. See, § 174-31, fn. 16. "Land subject to coastal storm flowage, or flooding" are identified as wetlands in M.G.L. c. 131, § 40 and, as a result, may not be counted for the purpose of calculating maximum lot coverage. The Petitioners' lot coverage calculations include the portions of the Property that are land subject to coastal storm flowage. Thus, the calculations are incorrect, 6