03/12/2014 ZONING BOARD OF APPEALS Decision

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8. Defendant, Domingo K. DeBarros, is a member of the Zoning Board of Appeals of the Town of Mashpee, and is a resident of Mashpee, MA. DeBarros is being sued in his capacity as a member of the Zoning Board of Appeals. Facts 9. Plaintiff repeats and realleges the allegations contained in paragraphs 1-8 as if expressly rewritten and set forth herein. 10. A public hearing, duly noticed, was held by the Zoning Board of Appeals on March 12, 2014 on Defendant Derenzo's Petition for Written Findings under Article V Section 174-17 of the Mashpee Zoning By-laws and M. G. L. c. 40A Section 6. Defendant Derenzo appeared through counsel and presented their request. 11. Defendant members of the Zoning Board of Appeals conducted and participated in said hearing and voted to approve the Plaintiffs Request and made findings to allow the project. A copy of the Decision is marked Exhibit A, is attached hereto and by reference is incorporated herein. 12. The evidence presented and/or made available to the Board and existing at the time of the hearing did not support the Board's finding that the proposed reconstructed dwelling will not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood. 13. The evidence presented and/or made available to the Board and existing at the time of the hearing did not support the Board's finding that the proposed additions will be an improvement to the lot and similar in size and character to other existing structures in the neighborhood.