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8. The written decision of the Board granting the variance(the Decision")was filed <br /> a <br /> with the Mashpee Town Clerk on October 18, 2000. As a result of the Decision,the Petitioners <br /> were allowed to leave a deck in place with a setback from water and wetlands of 18.3 feet. A <br /> certified copy of the Decision is attached hereto as Exhibit A. l <br /> 9. As abutters and parties in interest,the Kelleys are aggrieved by the Decision of <br /> IT <br /> the Board. <br /> 10. The Board in the Decision failed to make specific findings required under G.L. <br /> i <br /> c.40A, §10 and the Mashpee Zoning By-law. The Decision is facially invalid. <br /> SII, <br /> 11. The Board in granting the requested variance relief exceeded the limited authority l! <br /> granted to it under G.L. c.40A, §10 and the Mashpee Zoning By-law. <br /> I <br /> 12. Literal enforcement of the setback provisions of the Mashpee Zoning By-law does <br /> not involve the substantial hardship required under the statute. Moreover,the Petitioners' <br /> request does not come as the result of circumstances relating to the soil conditions, shape or <br /> topography of the variance parcel not affecting generally the R-3 zoning district. <br /> iI <br /> 13. The relief requested by the Petitioners(i)results in substantial detriment to the ! <br /> public good and (ii) substantially derogates from the intent and purpose of the Mashpee Zoning <br /> By-law. <br /> WHEREFORE,the Kelleys pray that the Court enter judgment: I'I <br /> (i) declaring that the Board exceeded its authority; <br /> annulling the Decision; and <br /> awarding to the Kelleys their costs and attorneys' fees under <br /> G.L. c.231, §6F. <br /> I <br /> 3 <br />