Laserfiche WebLink
p <br /> f: <br /> COUNT <br /> k� <br /> r <br /> 25. The Plaintiffs reallege and reaver Paragraphs No. 1 through 24 of the complaint as if <br /> the same were specifically herein set forth. <br /> 26. On October 16, 2000, the Defendant, Jeremy M. Carter, filed a Petition with the <br /> Mashpee Zoning Board of Appeals relative to locus. The Petition requested a 5-foot <br /> variance from the Zoning By-Laws in order to construct a single-family residence on <br /> Locus. The Petition was filed as Case No. V-00-207. (A copy of the Petition is <br /> attached as Exhibit B) <br /> 27. A public hearing was held on December 13, 2000. The public hearing was continued <br /> to January 10, 2001. The Petitioner presented no testimony regarding the shape, <br /> topography or soil conditions of Locus (See copy of Minutes attached as Exhibit D) <br /> 28. The Mashpee Zoning Board of Appeals voted to grant the variance on January 10, <br /> 2001. The Decision was filed with the Mashpee Town Clerk on January 18, 2001. (A <br /> certified copy of the Decision is Attached as Exhibit A) <br /> 29. The decision of the Mashpee Zoning Board of Appeals in Case No. V-00-207 exceeds <br /> their authority, as it is not based on the statutory requirements of M.G.L. chapter 40A, <br /> section. 10. <br /> 30. The Plaintiffs are each abutters, either directly or across the street, from Locus. They <br /> are aggrieved by the decision of the Mashpee Zoning Board of Appeals in Case No. <br /> V-00-207. <br /> WHERFOR,the Plaintiffs pray that: <br /> 1. This Court hear the evidence and determine the facts de novo, as provided by M.G.L. <br /> c. 40A, sec. 17. <br /> 2. Determine that the Mashpee Zoning Board of Appeals exceeded its authority in <br /> granting the variance. <br /> 3. Annul the decision of the Mashpee Zoning Board of Appeals in Case No. V-00-207. <br /> 4. Such further relief be allowed as this court may deem just and equitable. <br /> 4 <br />