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-4- <br /> an addition to a residence on a lot which is non-conforming in <br /> nature already. <br /> 11. A public hearing on this matter was held on Wednesday, <br /> November 8, 1989 and continued to Wednesday, November 29, 1989. <br /> 12 . Thereafter on December 12, 1989, the defendant Board <br /> of Appeals filed its decision with the Town Clerk with the Town <br /> of Mashpee. A certified copy of said decision conforming to <br /> the requirements of G.L. c.40A, §17 is attached hereto as <br /> Exhibit A and incorporated by reference. <br /> 13 . The decision of the Board of Appeals exceeds the <br /> authority of the Board insofar as: <br /> (a) the applicants requested a change in a <br /> non-conforming use when in fact they had a conforming use on a <br /> non-conforming lot as defined and described pursuant to the <br /> provisions of the Mashpee zoning by-laws; <br /> (b) the Board granted the Special Permit which will <br /> result in the building addition being in violation of the <br /> requirement that ;any modification or enlargement to a building <br /> or structure on a non-conforming lot must comply with the <br /> setback provisions of the Mashpee zoning by-laws; and <br /> (c) the proper form of relief available under the <br /> Mashpee zoning by-laws is a variance and the applicants failed <br /> to sustain their burden of proof as to the issuance of a <br /> variance, and as a matter of law are not entitled -to a variance. <br /> 14 . The Decision For a Special Permit is improper as to <br /> its form and in violation of the by-laws of the Mashpee zoning <br /> by-laws and G.L. c. 40A, §9 because only two of the three <br /> members of the Board of Appeals have signed the Decision where <br /> the signature of all three of the members is required. <br />