05/22/2024 ZONING BOARD OF APPEALS Minutes (2)

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C. In 2021, the applicant voluntarily deeded 2,201 sq. ft. of non-wetland land to their abutter, receiving 2,201 sq. ft. of wetland in return, reducing their lot area and increasing nonconformity. This act disqualifies the applicant from benefiting from a written finding under MGL Chapter 40A §6 and Town of Mashpee Zoning Bylaw §174-17. As stated in Planning Bd. of Norwell v. Serena, 406 Mass. 1008 (1990), "a landowner will not be permitted to create dimensional nonconformity if he could have used his adjoining land to avoid or diminish nonconformity." Similarly, Carabetta v. Board of Appeals of Truro, 73 Mass. App. Ct. 266, 271 (2008), emphasizes that lots may not be reconfigured to obtain a grandfather nonconforming exemption. The proposal addition increases the lot coverage and can't be permitted without a variance. d. The proposed fence which is proposed in a velocity zone in close proximity to the trustee's property is a structure under Mashpee Zoning Bylaw. The Petitioners' lot coverage calculations do not include the fence structure. Thus,the calculations are incorrect, and the Board's findings and conclusions based upon the Petitioners'lot coverage calculations are also incorrect. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to issue an Order and Judgment: A. Finding that the decision of the Board exceeded the Board's authority,was against the weight of the evidence, was arbitrary, capricious and unreasonable. B. Ordering that the decision of the Board recorded with the Mashpee Town Clerk on July 16, 2024 be vacated and annulled, C. Granting such other and fiirther relief as the Court may deem meet,just and proper under the circumstances. Dated:August 1, 2024 Respectful.,y submitted, For the Plaintiff, Matthew Haney,Trustee of the SN Trust By Matthew Haney Pro se, +11 y'l h" 1�J 1 Matthew Haney PO Box 1416 Brookline, MA 02446 (617) 266-9250 8