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03/12/2014 ZONING BOARD OF APPEALS Decision
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03/12/2014 ZONING BOARD OF APPEALS Decision
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4/3/2023 4:15:57 PM
Creation date
1/19/2022 3:22:05 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
03/12/2014
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represents a reduction in lot coverage from existing conditions, <br /> which is considered an improvement by both the Conservation <br /> Commission and the Zoning Board of Appeals. " Accordingly, <br /> summary judgment properly entered on the plaintiff' s challenge <br /> to the validity of the board's conclusion that the proposed home <br /> would not be substantially more detrimental than the existing <br /> structure. <br /> While the plaintiff also challenges the board' s conclusion <br /> that the proposed home would be similar in size and character to <br /> others in the neighborhood, he has offered nothing to counter <br /> evidence by the defendants that: (1) proposed landscaping "will <br /> improve the visual appeal of the subject property[, ] " which <br /> currently lacks "the benefit of professional landscaping that is <br /> consistent with this high-end waterfront peninsula"; (2) " [t]he <br /> prevailing trend" in the parties ' neighborhood is of removing <br /> "dated dwellings" in favor of "significantly larger dwellings"; <br /> (3) " [s] imilar dwellings to the proposed new dwelling currently <br /> exist" along Popponesset Island Roads; and (4) the defendants ' <br /> proposed construction will not diminish the market value of the <br /> plaintiff' s property. The plaintiff' s affidavit makes no <br /> mention of the characteristics of the neighborhood or the <br /> effects of construction on his property values, and he has <br /> failed to establish a genuine dispute regarding these facts. <br /> 5 The home on the plaintiff's property has five bedrooms. <br /> 6 <br />
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