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k <br /> 2. The Mashpee Zoning Board of Appeals (the "Board'), the permit granting _ <br /> m <br /> authority for the Town of Mashpee,has an address at 16 Great Neck Road,North Mashpee, a <br /> Massachusetts. <br /> 3. Edward M. Govoni of 43 James Circle,Mashpee, Massachusetts, James E. Regan, <br /> I; sill, <br /> III of 9 Steeple Street, Mashpee, Massachusetts,Richard T. Guerrera of 9 James Circle, <br /> Mashpee, Massachusetts,Zella E. Elizenberry of 18 Terry Avenue,Mashpee, Massachusetts, it <br /> Frederick R. Borgeson of 10 Preakness Lane,Mashpee,Massachusetts and Marshall Brem of 21 <br /> Harbor Ridge Drive,Mashpee, Massachusetts are members of and comprise the Board for j <br /> purposes of the decision which is the subject of this appeal. These members are joined in that <br /> capacity and not individually. <br /> i <br /> 4. Robert T. Farrelly and Nancy B. Farrelly(the "Petitioners")are residents of <br /> Duxbury, Massachusetts. They also own the parcel which is (i)the subject of this appeal and(ii) <br /> r <br /> ill <br /> known and numbered as 31 Starboard Lane,Mashpee,Massachusetts (the"variance parcel'). <br /> I� <br /> 5. On or about August 22, 2000,the Petitioners filed an application to modify an <br /> existing variance so as to vary the setback requirements with respect to abutting water bodies Ij <br /> and/or wetlands to allow for the construction and attachment of a deck to an existing dwelling <br /> situated on the variance parcel. The variance parcel is located in an R-3 zoning district under the <br /> Mashpee Zoning By-law. At the time of the application,the deck had already been constructed. <br /> �II <br /> 6. On October 4, 2000,the Board held a public hearing with respect to the <br /> application. The Kelleys,through counsel, opposed the application. <br /> 7. On October 11,2000,the Board voted unanimously(3-0)to grant the requested <br /> variance. <br /> 2 <br /> III ,, <br />