02/27/2019 ZONING BOARD OF APPEALS ZBA Decision

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expansions, changes and reconstruction that would result in the creation of new non- conformities in violation of the Raze and Replace Bylaw: 56. The proposed structure is not intended to be simply"rebuilt"under the Raze and Replace - Bylaw. Rather,the proposed new structure alters the"nonconforming nature of the structure"from a single story cottage containing 996 square feet of living space,with a 240 square foot non-habitable,unenclosed"carport"supported by wooden posts,with no foundation or floor,to a 21/2 story mansion 29.5 feet in height containing in excess of 3,700 square feet of living area. 57. The newly constructed house will be substantially larger than the size of the existing single story cottage because the Mashpee ZBA approved the Defendants proposal to manipulate and transform a 20.'.x 12' carport that is used primarily for storage of miscellaneous items in an effort to nearly quadruple the size of this nonconforming cottage. 58. The Mashpee ZBA Decision fails to make findings that the"rebuilt" dwelling is "not. substantially more detrimental[to the neighborhood] than exists prior to removal of the existing[nonconforming] structure, despite overwhelming written evidence submitted by the Plaintiffs and other neighbors at the public hearing on the Raze and Replace Petition. 59. The Mashpee ZBA finding that the application will not be substantially more detrimental than.presently exists is contrary to the facts.and the application did not include the Special Permit request to reconstruct a pre-existing dwelling within the fifty(50) foot setback of a wetland,to wit:thecoastal bank as set forth in§174-33. hyo COUNT T][ ]Error of Decision;Arbitrary and Capricious 60. Plaintiffs hereby incorporate the facts and allegations contained in paragraphs 1 through 59, above.. 11