Laserfiche WebLink
setback and will result in new shading impacts, loss of privacy and other adverse effects. <br /> Again, the dwelling could be set back further from Kim Path to minimize these impacts while <br /> also conforming to the front and rear yard setbacks. <br /> 12. On or about July 3, 2013, the Board of Appeals approved the Gennacos' petition, granted the <br /> two Special Permits/Written Findings under under Sections 174-17 and 174-20 of the <br /> Bylaws, and filed the decision with the Mashpee Town Clerk. Certified copies of the <br /> decision are attached hereto as Exhibit A. <br /> 13. The decision of the Board of Appeals granting the Gennacos two Special Permits/Writing <br /> Findings is legally untenable or is unreasonable, whimsical, capricious or arbitrary, and <br /> violates M.G.L. c. 40A and the Bylaws. <br /> CLAIMS <br /> COUNT <br /> (Judicial Review Pursuant to M.G.L. c. 40A, §17) <br /> 14. Bacon hereby realleges the matters set forth in Paragraph Nos. 1-13 of the Complaint. <br /> 15. M.G.L. c. 40A, §17, provides: <br /> [a]ny person aggrieved by a decision of the board of appeals . . . may appeal to the <br /> superior court department in which the land concerned is situated . . . by bringing <br /> an action within twenty days after the decision has been filed in the office of the . <br /> . . town clerk. <br /> 16. Bacon is aggrieved by the decision of the Board of Appeals granting the Gennacos two <br /> Special Permits/Written Findings under Sections 174-17 and 174-20 of the Bylaws. <br /> 17. The expansion of the proposed dwelling along the nonconforming side yard setback is <br /> substantially more detrimental than the existing nonconforming structure to the neighborhood <br /> and there is inadequate land area to provide setbacks as may be required under Section 174- <br /> 17 of the Bylaws. <br /> 4 <br />