08/09/2023 ZONING BOARD OF APPEALS Minutes (2)

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existing single family home on the Thurstons' property at 25 Menemsha Road, Mashpee, Barnstable County, within a R-3 zoning district and within the Popponesset Overlay zoning district. A certified copy of the decision appealed from is attached hereto as Exhibit A (the "Decision"). Plaintiffs also seek declaratory relief pursuant to G.L.c. 240, §14A and G.L.c. 23 1 A to determine how the Mashpee Zoning Bylaws apply to the real property at 25 Menemsha Road, Mashpee that is the subject of the Decision. The Parties 2. Plaintiff Gail A. Balser owns the single-family residence at 38 Elizabeth Island Road,Mashpee, Barnstable County, Massachusetts. For Ms. Balser's title see Barnstable Registry District of the Land Court Certificate of Title No. 181883. Ms. Balser's property directly abuts the property at 25 Menemsha Road, Mashpee owned by the Thurston Defendants. 3. Plaintiff Steven C. Balser, Trustee of the Finally Ann's Realty Trust, owns the single-family residence at 34 Elizabeth Island Road, Mashpee, Barnstable County, Massachusetts. For Mr. Balser's title see Barnstable Registry District of the Land Court Certificate of Title No. 110895, and for his appointment as successor trustee see Barnstable Registry District of the Land Court Doe.Nos. 937617 & 937618. Mr. Balser's property directly abuts the property at 25 Menemsha Road, Mashpee owned by the Thurston Defendants. 4. Plaintiff Joan M. Quilty, Trustee of the Quilty Realty Trust, owns the single- family residence at 29 Elizabeth Island Road, Mashpee,Barnstable County, Massachusetts. For Mr. Quilty's title see Barnstable Registry District of the Land Court Certificate of Title No. 137178. Ms. Quilty's property is an abutter to the abutters and within three hundred feet of 25 Menemsha Road,Mashpee owned by the Thurston Defendants as set forth on the most recent applicable tax list, and as such she is an interested person within the meaning of G.L.c. 40A, §11. -2 - 4891-6173-5287.vl