10/23/2013 ZONING BOARD OF APPEALS Minutes

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Parties 2. Plaintiff, Mary G. Ryan, is a resident of North Attleborough, Massachusetts and is the owner of record of the residence situated at 13 Overlook Knoll Road, Mashpee, Massachusetts. Plaintiff's residence abuts immediately to the Northwest the residence at 17 Overlook Knoll Road, which is the subject matter of the three Decisions. 3. Defendants, Jonathan D. Furbush, 57 Greensward Road, Mashpee, MA, Ronald Bonvie, 82 Meadowbrook Road, Mashpee, MA, James Reiffarth, 422 Monomoscoy Road, Mashpee, MA, Richard J. Jodka, 22 Fairway Lane, Mashpee, MA 02649, and Domingo K. DeBarros, 14 Bobwhite Cresent, Mashpee, MA are duly appointed Members (or as to Mr. DeBarros, an Associate Member) who voted in favor of and signed each of the Decisions. 4. Defendants Michael Bloom and Lori Laskin Bloom are the applicants named in each of the Decisions in regard to the residence at 17 Overlook Knoll Road, and reside at 115 Green Street, Canton, MA.. Appeal 5. Each of the Decisions exceeds the authority of the Mashpee Zoning Board of Appeals. For instance, the Non-Conforming Use Decision does not comply with the requirements of Mass. G. L., Chapter 40A, Section 6 and purports to allow complete demolition and rebuilding substantially more detrimental to the neighborhood than the existing nonconforming structure. Similarly, the Damaged Non-Conforming Use Decision does not comply with the requirements of Mass. G.L., Chapter 40A, Section 6 and purports to allow complete demolition and rebuilding substantially more detrimental to the neighborhood than the existing non-conforming structure. The Variance Decision does not comply with Mass. G. L., Chapter 40A, Section 10 and purports to grant a Variance from local zoning requirements without sustainable findings that owing to circumstances relating to the soil conditions, shape, or topography of the subject land or structure and especially affecting such land or structures but not affecting generally the 2