10/13/2004 ZONING BOARD OF APPEALS Minutes

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30. The pre-existing structure conforms to the existing 40-foot front yard setback required by the Mashpee Zoning By-Law. The existing building is 41 feet from Crosstree Way. The building plans approved by the Mashpee Zoning Board of Appeals in SP 04-125 show a proposed attached garage, which intrudes 20 feet or 50% into the front yard setback area. The proposed new building would be 20 feet from the road (A copy of the site plan is attached as Exhibit D) 31. The Mashpee Zoning By-Laws, Section 174-17 sets forth the requirements for the alteration of non-conforming structures. It states that there may not be an extension unless "there is adequate land area to provide sufficient parking and setbacks."In this matter the proposed building will intrude into 50% of the front yard setback area. (A copy of Section 174-17 is attached as Exhibit E) 32. The Defendant, Fried D. Ramaswamy, Trustee, was required under the provisions of Section174-17 of the Mashpee Zoning By-Law and M.G.L. Chapter 40A to seek a variance for the incursion into the setback area not a Special Permit. 33. The decision of the Mashpee Zoning Board of Appeals in Case No. SP-04-125 exceeds their authority, as it is not based on the statutory requirements of M.G.L. Chapter 40A nor on the Mashpee Zoning By-Laws. 34. The Plaintiff is aggrieved by the decision of the Mashpee Zoning Board of Appeals in Case No. SP-04-125. WHERFOR, the Plaintiff prays 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 exceeded its authority in granting the Special Permit. 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 III 35. The Plaintiff realleges and reavers Paragraphs No. 1 through 34 of the complaint as if the same were specifically herein set forth. 5