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imposing dwelling all of which will decrease light, air and impact the views of both Kelley <br /> and Lynch. (See Exhibit`B") <br /> 32. Plaintiffs submitted testimony to the Mashpee ZBA that the proposed plan created at least <br /> one new nonconformity and required a Variance. <br /> 33. Defendant Mashpee ZBA was in error when it approved Defendant Naddaffa' application'to <br /> convert the existing carport to a dwelling as part of the Raze and Replace Bylaw. <br /> 34. The Raze and Replace Bylaw applies to pre-existing,nonconforming dwellings,not all <br /> structures: <br /> 35. Article H-Definitions of the Mashpee Zoning Bylaw(`.`Zoning Bylaw") defines"Dwelling, <br /> Detached,: <br /> "A building designed for or occupied as a residence and separated from any , <br /> other building, except accessory buildings, by side yards. (Emphasis <br /> supplied). <br /> 36. The Zoning Bylaw defines"Accessory Building": <br /> "A buildin devoted exclusively to a use accessory to the principal use of the <br /> lot on which it is located."(Emphasis supplied) <br /> 37c The Zoning Bylaw defines "Accessory Use": <br /> "A use.incident and subordinate to an on the same lot as aprincipal use." <br /> 38. The Zoning Bylaws defines`Building": <br /> "Includes the word "structure" unless the context unequivocally indicates <br /> otherwise. `Building".shall also mean any three dimensional enclosure by <br /> any space or.use use or occupancy, temporary or <br /> any building material of <br /> permanent, and shall include foundations in the ground; also all parts of any <br /> kind of structure above ground except fences and field or garden walls or <br /> embankment retaining walls". (Emphasis added) See Zoning Bylaw §174=3. <br /> 39. Attached to the northwest corner of the roof of the pre-existing cottage is a 20 feet in length; <br /> 12 feet in width and 10 feet in height unenclosed overhang(referred to as a"carport'), <br /> 8 <br />