10/13/2004 ZONING BOARD OF APPEALS Minutes

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k 23. No notice of the new request was given by publication or to the abutters. 24. The Mashpee Zoning Board of Appeals voted to grant a Special Permit on October 135 2004 in Case No. SP 04-125 which allowed the Defendant, Frieda D. Ramaswamy, Trustee, to demolish the existing structure and to build a new structure. The Decision was filed with the Mashpee Town Clerk on October 22, 2004. (A certified copy of the Decision is attached as Exhibit A) 25. The decision of the Mashpee Zoning Board of Appeals in Case No. SP-04-125 exceeded the request filed with the Board and was beyond the scope of the public notice given by publication and sent to the abutters. 26. The Plaintiff consequently did not receive adequate notice of the proposed project. 27. The Plaintiff is aggrieved by the decision of the Mashpee Zoning Board of Appeals in Case No. SP 04-125. WHERFOR, the Plaintiffs pray that: a. This Court hear the evidence and determine the facts de novo, as provided by M.G.L. c. 40A, sec. 17. b. Determine that the Mashpee Zoning Board of Appeals failed to give proper Notice to the Plaintiff and exceeded its authority. c. Annul the decision of the Mashpee Zoning Board of Appeals in Case No. SP-04- 125. d. Such further relief be allowed as this court may deem just and equitable. COUNT II 28. The Plaintiffs reallege and reaver Paragraphs No. 1 through 27 of the complaint as if the same were specifically herein set forth. 29. The pre-existing structure on Locus is non-conforming in that is exceeds the lot coverage requirement of 20%. The existing structure has lot coverage of 22%. The Defendant, Frieda D. Ramaswamy, Trustee, requested in Case No. SP 04-125 a new building with 26% lot coverage. `f 4