09/24/2003 ZONING BOARD OF APPEALS Decisions

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2. The plaintiffs are the owners of the abutting property located at 44 • Popponesset Island Road, Mashpee, Massachusetts. 3. L. Clark Hill, Trustee, as the title holder of the property located at 50 Popponesset Island Road, applied to the Mashpee Zoning Board of Appeals ("Board") for the relief granted. The decision was issued in the name of L. Clark Hill and Heather Hill. 4. The address of the members of the Town of Mashpee Zoning Board of Appeals is 16 Great Neck Road, Mashpee, MA 02649. 5. The decision filed October 31, 2003 exceeds the authority of the Board. 6. The plaintiffs' property is lot 1090, and the Hill's property lot is 1091, as shown on a Subdivision Plan of Land in Mashpee dated December 18, 1974 filed with the Land Registration Office October 16, 1975. The subdivision plan was created by Lawrence C.Hill. Lawrence C. Hill deeded Lot 1090 to the plaintiffs' parents in 1978; Lawrence C. Hill deeded Lot 1091 to his son, L. Clark Hill, Trustee of Mashpee Hill Realty Trust, in 1985. The Hills' property contains 34,950 square feet. 7. Historically, the Hills' lot was improved by one structure only. 8. The Hill's original structure had a side yard set back on the plaintiff's side of approximately 35 feet. 9. The Hill's property is located in an R-3 zoning district which requires a minimum of 40,000 square feet and a 15 foot side yard set back. 10. In 1997 the Hills filed an Application for a Special Permit to obtain permission to raze the existing dwelling and construct a new dwelling. The Hill's contractor filed an Application To Construct, Repair, Renovate or Demolish a One or Two Family Dwelling acknowledging that the required side yard set back is 15 feet. The Hill's Application . for a Special Permit was accompanied by plans for the proposed new 2