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Jurisdiction <br /> 9. Pursuant to the provisions of G.L.c. 40A, §17 and G.L.c. 185, §1(p), the Land <br /> Court has jurisdiction over this zoning appeal. Pursuant to the provisions of G.L.c. 240, §14A <br /> and G.L.c. 185, §101/2), the Land Court has exclusive jurisdiction over Plaintiffs' claim under <br /> G.L.c. 240, §14A. Pursuant to the provisions of G.L.c. 231 A, §1 and G.L.c. 185, §1(k),the Land <br /> Court has concurrent jurisdiction over Plaintiffs' claim under G.L.c. 231A, §1. <br /> Background <br /> 10. The parcels owned by Plaintiffs and the individual Defendants are all located in a <br /> R-3 zoning district and within the Popponesset Overlay zoning district. <br /> 11. The Thurstons purchased the property at 25 Menemsha Road, Mashpee through <br /> an affiliated entity in or about June 2015. They do not live at the property but instead have <br /> converted it for use for short term (mostly 1- 7 days) rentals on VRBO since at least 2018 based <br /> upon reviews on the VRBO website. <br /> 12. In June 2023,the Thurston Defendants sought a Special Permit to permit them to <br /> raze and replace the existing single-family residence at 25 Menemsha Road, Mashpee with a <br /> replacement, larger single-family residence in accordance with Mashpee Zoning Bylaw §174- <br /> 17.1. It is the granting of that Special Permit that is the subject of this zoning appeal. <br /> 13. The Thurstons propose to replace their existing single-family residence with a <br /> completely new replacement structure which will be considerably larger. <br /> 14. According to the Mashpee Assessor, the Thurstons' existing single-family <br /> residence at 25 Menemsha Road is a single story, 6 room(3 bedroom), 1 bathroom, 1362 square <br /> foot structure. <br /> - 5 - <br /> 4891-6173-5287.v1 <br />