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

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46. Plaintiff Joan M. Quilty, Trustee, is an abutter of an abutter to the property at 25 Menemsha Road, Mashpee owned by the Thurston Defendants, and within three hundred feet of 25 Menemsha Road as set forth on the most recent applicable tax list, and as such she is a party in interest within the meaning of G.L.c. 40A, §11 (""Parties in interest' as used in this chapter shall mean . . . abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable tax list"). Plaintiff Joan M. Quilty, Trustee is aggrieved by the Zoning Board's Decision. 47. All Plaintiffs are aggrieved by the Zoning Board's Decision because, inter alia, the proposed new larger structure at 25 Menemsha Road (a) is not in keeping with other structures in the neighborhood and will increase the intensity of the use of 25 Menemsha Road with increased negative impact upon the Plaintiffs, (b)will remove the existing structure which is built at grade and currently serves as a storm barrier protecting the Plaintiffs' properties, (c) will negatively impact the aesthetic qualities of the Plaintiffs' single family residential neighborhood, and(d) will negatively impact the value of Plaintiffs' properties. 48. The Decision is arbitrary, unreasonable, whimsical, capricious, legally untenable and exceeds the authority of the Zoning Board because, inter alia: (a) The Thurstons' proposed project introduces new zoning non-conformities, but no variance has been requested or granted despite being required; (b) The Thurstons' proposed project increases the size of the existing structure on 25 Menemsha Road and thus increases the nonconforming nature of the structure; (c) 25 Menemsha Road does not have the minimum lot size required by Mashpee Zoning; (d) 25 Menemsha Road exceeds the maximum lot coverage permitted by Mashpee Zoning; (e) The proposed Thurston Project exceeds the permitted 2 '/z stories; - 13 - 4891-6173-5287.v1