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to which [t]he Board determines the proposed use is similar requires a Special Permit or approval <br /> under the Plan Review process, any development including said use shall then require approval <br /> from the board specified under the provisions of§174-24 C or by the Plan Review Committee <br /> under the provisions of§174-24 B;as appropriate." <br /> 39. Upon information and belief,the Zoning Board has not followed the process <br /> required by Bylaw§I 74-24.L to authorize short term rental use at the Thurston property,or <br /> elsewhere in the applicable zoning district. <br /> Zoning Board Errors <br /> 40. The Decision is replete with errors,including,inter alia: <br /> (a) Although the Decision states(at p. 1,numbered p. 2)that"The new structure <br /> will be built similar to other structures in the neighborhood,"and(at p.2)that <br /> "the proposed structure will be"similar in size and character to other existing <br /> structures in the neighborhood",there are no other houses on piles in this <br /> neighborhood. <br /> (b) The Decision states (at p. 1,numbered p.2)that the subject parcel"has <br /> approximately 9,100 sq. ft.of land",but it is actually 9,000 sf. <br /> (c) The Decision states (at p. 1,numbered p.2)that the Conservation <br /> Commission Order of Condition was issued on July 27,2023,but it was not <br /> actually issued until August 15,2023,after the Zoning Board's hearing. <br /> (d) The Decision states (at p: 3, numbered p.4)that the Thurston Project"will be <br /> built on the same footprint,but the footprint of the new,structure will be larger <br /> than the footprint of the existing structure. <br /> (e) The Decision states (at p. 2,numbered p.3)that the proposed structure <br /> "complies with the dimensional requirements applicable to the lot",but it-does <br /> not as previously discussed. <br /> (f) The Decision recites that it was issued pursuant to Mashpee Zoning Bylaw <br /> §174-17.1, but such section was ruled to be invalid as written in Dana J. <br /> Andrew Trustee v Mashee Zolunl wBd.of A,oeals,Land Court No.21 <br /> Misc. 000076(KTS). <br /> (g) The Decision states(at p. 3,numbered p. 4)that"no new non-conformities <br /> [are] being created"by the Thurston Project,but under B orklund v Zoninarr, <br /> - 11 - <br /> 4891-6173-5287.v1 <br />