11/22/2000 ZONING BOARD OF APPEALS Decisions

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15. The Defendant,Donald Ellis,with an address of 205 Morse Village Road, Wendell, MA 01379 is the owner of the real property located at 78 Deerfield Road,Mashpee !; I p that is the subject of the variance request filed with the Mashpee Zoning Board of j Appeals in Case No. V-00-207. pp ISI. il Facts Il ei jjell'I 16. The property located at 78 Deerfield Road,Mashpee,MA(hereinafter Locus) is shown as part of a cluster subdivision plan approved by the Mashpee Planning Board in August of 1972 and is Lot 30 on Land Court Plan 12101-D (Sheet 2). The property is also shown as Lot 27 on Mashpee Assessor's Map 3. f, 17. Locus has only 70 feet of frontage on Deerfield Road. III' 18. Due to zoning changes in the 1980's the frontage requirements for a lot within cluster subdivision was increased to 75 feet. At the time of the increase Locus was held in common with two other lots. 19. In 1987,the owner of the property filed for a variance to the frontage requirement. The Mashpee Zoning Board of Appeals in Case No V-87-05-043"denied the request.. II (A copy of the Decision is attached as Exhibit C) I 20. On October 16, 2000, the Defendant, Jeremy M. Carter, filed a Petition with the 1II Mashpee Zoning Board of Appeals relative to locus. The Petition requests a 5-foot variance from the Zoning By-Laws in order to construct a single-family residence on i Locus. The Petition was filed as Case No. V-00-207. (A copy of the Petition is r j attached as Exhibit B) I I 11 � 21. A public hearing was held on December 13, 2000. The public hearing was continued to January 10, 2001. The Petitioner presented no testimony regarding the shape, topography or soil conditions of Locus (See copy of Minutes attached as Exhibit D) I 22. The Mashpee Zoning Board of Appeals voted to grant the variance on January 10, 2001. The Decision was filed with the Mashpee Town Clerk on January 18, 2001. (A certified copy of the Decision is Attached as Exhibit A) 23. The decision of the Mashpee Zoning Board of Appeals in Case No. V-00-207 exceeds their authority, as it is not based on the statutory requirements of M.G.L. chapter 40A, section. 10. f 24. The Plaintiffs are each abutters, either directly or across the street, from Locus. They i are aggrieved by the decision of the Mashpee Zoning Board of Appeals in Case No. f' V-00-207.