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(f) The lot at 25 Menemsha Road cannot meet the required minimum setback <br /> from wetlands; and <br /> (g) The lot at 25 Menemsha Road has no buildable Lot area or upland. <br /> COUNT II <br /> G.L.c. 240, §14A <br /> 49. Plaintiffs repeat the allegations set forth in paragraphs 1 through 48, above. <br /> 5.0. Pursuant to G.L.c. 240A, §14A, Plaintiffs are entitled to a determination and <br /> declaration that: <br /> (a) Short term rental use is not permitted at 25 Menemsha Road, Mashpee; <br /> (b) 21 Menemsha Road and 25 Menemsha Road, Mashpee merged for zoning <br /> purposes and were never legally separated under the Subdivision Control <br /> Law; <br /> (c) The Thurstons' proposed project introduces new zoning non-conformities, <br /> requiring a variance, but no variance has been requested or granted; and <br /> (d) Because there is no portion of 25 Menemsha Road, Mashpee that is not <br /> wetland, no new structure can be built thereon, even if it replaces a prior <br /> structure. <br /> COUNT III <br /> G.L.c. 231A, §1 <br /> 51. Plaintiffs repeat the allegations set forth in paragraphs 1 through 50, above. <br /> 52. There is an actual and genuine controversy between the parties. <br /> 53. All parties necessary to resolution of the dispute described herein are joined as <br /> parties to this action. <br /> 54. Pursuant to G.L.c. 231A, Plaintiffs are entitled to a determination and declaration <br /> that: <br /> (a) Short term rental use is not permitted at 25 Menemsha Road, Mashpee; <br /> - 14 - <br /> 4891-b173-5287.v1 <br />