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36. The new structure allowed by the, Defendant. Zoning Board, in SP 04-125 increases <br /> the non-conformity of the structure in that is intrudes 20 feet into the front setback <br /> area and exceeds the 20% lot coverage requirement by 6%. <br /> 37. The new structure would block the Plaintiff's scenic views of Town conservation <br /> land. <br /> 38. The Defendant, Zoning Board, made a finding in its Decision in Case No. 04-125 that <br /> the new structure would not be more detrimental to the neighborhood. This finding <br /> was made despite the new structure's incursion into the front yard setback, its <br /> exceeding the lot coverage requirement and the blocking of the Plaintiff's view <br /> 39. The Plaintiff is aggrieved by the decision of the Defendant, Zoning Board in Case No. <br /> 04-125. <br /> WHERFOR, the Plaintiff prays that: <br /> e. This Court hear the evidence and determine the facts de novo, as provided by <br /> M.G.L. c. 40A, sec. 17. <br /> f. Determine that the Mashpee Zoning Board of Appeals was erroneous <br /> exceeded its authority in granting the Special Permit. <br /> g. Annul the decision of the Mashpee Zoning Board of Appeals in Case No. SP- <br /> 04-125. <br /> h. Such further relief be allowed as this court may deem just and equitable. <br /> COUNT IV <br /> 40. The Plaintiff realleges and reavers Paragraphs No. 1 through 39 of the complaint as if <br /> the same were specifically herein set forth. <br /> 41. The Town of Mashpee has adopted Zoning By-Laws pursuant to M.G.L. c. 40A, <br /> sec. 5. <br /> 42. The Zoning By-Law as adopted and amended imposes restriction on the use, <br /> enjoyment, improvement or development of land, including Locus, in said Town. <br /> 43. The Defendant, Frieda D. Ramaswamy, Trustee, seeks to demolish an existing <br /> structure and build a new structure on Locus. <br /> 6 <br />