Laserfiche WebLink
conformity. The Clancy Affidavit asserts that there are several houses with greater square footage in <br /> the neighborhood, and that multiple houses in the same vicinity were recently razed and replaced by <br /> larger structures. This suggests that the increased density of the New House will not have a <br /> detrimental effect on the neighborhood because it will be similar to many other houses in the same <br /> vicinity with respect to size and density.The Clancy Affidavit also indicates that the New House will <br /> not diminish the property value of the Plaintiff Property. Finally, the Luff Affidavit states that the <br /> New House will be a substantial improvement to the Trustee Property based on the design and <br /> because it will be safer to both the Trustees and their neighbors due to improvements in the physical <br /> structure of the New House over the circa 1960 Original House. <br /> In sum,the Trustees' expert affidavits indicate that the New House is designed to fit into the <br /> neighborhood,will conform to all local regulations except the two discussed, supra(which will be <br /> less onerous than the'non-conformities of the Original House, including accessory structures), and <br /> will be an improvement over the Original House to the neighborhood.' In addition,the New House <br /> has been approved by the ConCom and the Mashpee Board of Health. <br /> Based on the evidence in the case at bar,I find that the ZBA Decision is not based on a legally <br /> untenable ground, and is not unreasonable,whimsical, capricious or arbitrary. <br /> As a result of the foregoing, I DENY Plaintiff's Cross-Motion for Summary Judgment, and <br /> ALLOW the Trustees' Motion for Summary Judgment. <br /> Judgment to enter accordingly. <br /> Alexander,H. Sands, III <br /> Justice <br /> Dated: June 19,2015 <br /> s It should also be noted that the house on the Plaintiff Property is also a two story,five bedroom structure <br /> on a smaller lot, <br /> 11 <br />