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a <br /> tutorials, and other academic and vocational activities. <br /> 11. In a letter dated May 13, 1976, DARE School was informed <br /> by the Board of Appeals that a public hearing for renewal of a <br /> special permit was required prior to June 30, 1976. Such a public <br /> hearing was held on June 9, 1976 at the Town Hail in Mashpee. <br /> 11. The Board of Appeals filed its decision with the Town <br /> Clerk of Mashpee on June 30, 1976, denying the special permit. <br /> 13. The plaintiff hereby appeats the decision of the Board of <br /> Appeals pursuant to M. G. L. Chapter 40A $17 and alleges that the <br /> findings of the Board are insufficient in law to deny the special <br /> permit. <br /> 14. The plaintiff further states that the facts cited in the <br /> decision are not accurate, that the Board makes gross conclusions <br /> about the petitioner which have no factual basis nor which are <br /> capable of substantiation, that much of the reasoning used by the <br /> Board is immaterial to the issuance of the permit, and that the <br /> Board's findings are insufficient in fact to support its decision. <br /> 15. It is further alleged by the plaintiff that M. G. L. <br /> Chppter 40A 53 exempts DARE School from regulation by the zoning <br /> by-laws of the Town of Mashpee and that no special permit is <br /> required to operate the school. <br /> 16. The petitioner also alleges that the decision of the <br /> BOadd of Appeals is in derogation of its own by-laws, that the <br /> Petitioner should properly be classified by the Board of Appeals <br /> under section 6.3 B(2) of the zoning by-laws of the Town of <br /> Masppee, and that the petitioner should not be required to seek <br /> a special permit. <br />