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I.I <br /> I <br /> I <br /> copy of the denial is attached hereto as "Exhibit C" . <br /> 9 . The' decision of the Defendant Board is arbitrary <br /> and capricious in that the Defendant Board failed to give <br /> any reasons , or cite any authority to justify their con- <br /> clusion that a massage therapy center is not an allowable <br /> use in the Town of Mashpee , in violation of M.G .L. c . 40A, <br /> 49 . <br /> 10. The decision of the Defendant Board is legally <br /> untenable in that they are plainly wrong as a matter of law <br /> when they conclude that a massage therapy center is not an ' <br /> allowable use . While it is not a delineated use , it floes <br /> fall within a category in Section 6 . 3 which is , by its own <br /> wording, not limited to the illustrative uses delineated <br /> therein, see Section 6 . 3 . E. 4 . , wherein it is stated "Service <br /> busines serving needs , such as barber shops , beauty shops , <br /> shoe repair, self service laundry , or dry cleaning or pick- <br /> up agency . " (Emphasis mine) . The words "such as" are words <br /> of illustration not words of limitation and , therefore , the <br /> I <br /> Defendant Board is plainly wrong when they conclude that it <br /> I <br /> is not a permitted use merely because they found no such <br /> �i listing. <br /> I <br /> 11 , For the reasons set forth in the preceding two <br /> 1 <br /> PPAPORTISI paragraphs , the decision of the Defendant Board denying the <br /> DAVIS.P.A. ,I <br /> MMYSAT LAW �� special permit application exceeds the authority of the. .Zoning <br /> MAO!STRHHT <br /> .O.BOX 829 <br /> -3- <br /> R.MASS.02591 <br /> i <br /> 1T S9 Iw <br /> i <br /> i I <br /> i <br />