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Bd.,of Aeals,of„Norwell,450 Mass. 357(2008),the Thurston Project <br /> creates several new non-conformity because, inter alia,the proposed structure <br /> (i)contains three(3)stories, (ii)there has been an increase in the structure's <br /> footprint and the proposed structure is materially larger than the existing <br /> structure,and(iii)is closer to Dean Pond than the existing structure. <br /> 41. The Decision fails to discuss other violations of the Mashpee Zoning Bylaw,or <br /> how or why relief from such violations is warranted,including,inter alia: <br /> (a) The Decision does not discuss the maximum permissible Lot Coverage of <br /> 25% (Mashpee Zoning Bylaw§174-31 fn. 18), from which any wetland as <br /> defined under G.L.c. 131, §40 must be excluded(Mashpee Zoning Bylaw <br /> §174-31 fa. 16). The Thurston lot has no buildable upland. <br /> (b) The Decision does not discuss the minimum permissible Lot area of 6000 sf <br /> (Mashpee Zoning Bylaw§174-31 fn. 18),from which any wetland as defined <br /> under G.L.c. 131, §40 must be excluded(Mashpee Zoning Bylaw §174-31 fn. <br /> 12). The Thurston Iot has no buildable Lot area. <br /> (c) The Decision does not discuss the requirement that all buildings or structures <br /> must be setback at least 50 feet from any wetland as defined under G.L.c. 131, <br /> §40(Mashpee Zoning Bylaw§174-33). The Thurston lot is entirely within a <br /> wetland. <br /> 42. The Zoning Board has not granted a variance from the applicable zoning <br /> requirements, and the Thurstons cannot satisfy the statutory requirements for such a variance. <br /> COUNT I <br /> Appeal of the Decision of the Mashpee Zoning Board of Appeals <br /> (G.L.c. 40A,§17) <br /> 43. Plaintiffs repeat the allegations set forth in Paragraphs 1 through 42,above. <br /> 44. The Decision of the Zoning Board(Exhibit A hereto)approving the requested <br /> Special Permit was filed with the Mashpee Town Clerk on August 16,2023. This appeal has <br /> been filed within twenty (20) days thereafter as required by G.L.c.40A, §17. <br /> 45. Plaintiffs Gail A. Balser and Steven C. Balser, Trustee are direct abutters of the <br /> Thurston Defendants'property at 25 Menemsha Road,Mashpee and are aggrieved by the Zoning <br /> Board's Decision. <br /> - 12- <br /> 4891-6173-5287.v1 <br />