10/09/2002 ZONING BOARD OF APPEALS Decisions

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11. Section 10 of G.L. c. 40A requires that a permit-granting authority may grant a A variance from the terms of the applicable zoning by-law if it finds: B ... that owing to circumstances relating to the soil conditions, shape or C topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that the desirable relief may be granted without substantial detriment to the public good and without mollifying or substantially derogating from the interest or purpose of such ordinance or by-law. 12. On or about November 13, 2002 the Zoning Board voted to grant the requested variance. 4 13. On November 20, 2002,the Zoning Board's decision granting the requested relief was filed with the Town Clerk. A certified copy of the Board's decision is attached hereto as Exhibit A. 14. To the extent that the final action taken by the Zoning Board on November 20, 2002 to grant zoning relief to the James Curtis, as Trustee of the J.C. Realty Trust, was intended to grant a variance, said decision was arbitrary and capricious and exceeded the authority of the Zoning Board. WHEREFORE, plaintiffs request that this Honorable Court: i. Annul the November 20, 2002 final action of defendant Mashpee Board of r Appeals granting a variance to defendant James Curtis, Trustee of J.C. Realty Trust. ii. Grant such other relief as this Court deems equitable and proper. i COUNT II— 12 LETTIE LANE PARTIES 15. Plaintiffs are the Town of Mashpee Board of Selectmen, a municipal board duly elected according to state and local laws and the Town of Mashpee Planning Board, a duly appointed municipal board. The Board of Selectmen and the Planning Board have a usual place 4