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02/27/2019 ZONING BOARD OF APPEALS ZBA Decision
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02/27/2019 ZONING BOARD OF APPEALS ZBA Decision
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10/24/2023 1:18:20 PM
Creation date
3/29/2019 2:18:01 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
ZBA Decision
Meeting Date
02/27/2019
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15 feet rear and 15 feet side and maximum of lot,coverage twenty- <br /> five(25%)perdent. <br /> 75. While the Lot is within the Popponesset Overly District,the Maximum Lot Coverage <br /> Requirements set forth in the Land Space Requirements for R-3 Districts is 20% and does" <br /> not incorporate footnote 18. <br /> 76. The Mashpee ZBA's Decision made a finding that the Maximum Lot Coverage for the <br /> Defendants' Lot is 25%..' <br /> 77. There is.an actual controversy of whether footnote 16 or 18 of Land Space Requirements <br /> applies to this Lot.. <br /> 78. Plaintiffs seek a declaration that the Court find that the Raze and Replace Bylaw. <br /> impermissibly fails to consider detrimental impacts"-to the neighborhood"as provided by <br /> M.G.L. c.40, §6. <br /> V. PRAYERS FOR RELIEF <br /> The Plaintiffs hereby move this Court provide the following faidings and relief. <br /> 1. That the Decision of the Mashpee ZBA exceeded its authority and should be <br /> annulled. <br /> 2. That the Special Permit sought by the Defendants,Frederick J.Naddaff and Linda <br /> Naddaff,pursuant to §174-17.1 Raze and Replace,be denied. <br /> 3. That the Court find that the unenclosed carport is not part of the existing dwelling <br /> and does not qualify as a dwelling under the Raze and Replace Bylaw,and no portion <br /> of the carport can be reconstructed to become part of the dwelling as reconstructed <br /> unless it complies with the minimum set back of 15 feet from the side yard setback <br /> and 25 feet from the set back from Seaview Avenue: <br /> 14 <br />
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