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1987 JUL-DEC-ZBA APPEALS
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1987 JUL-DEC-ZBA APPEALS
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ii <br /> I i <br /> � 10 . The site approved for the three dwellings lies within <br /> an area designated by the Town of Mashpee for the study of water <br /> quality and other environmental factors and there currently <br /> exists a moratorium for the construction of buildings within <br /> this area . <br /> 11 . The road, Old Barnstable Road, on which the site is <br /> located, has been proposed for widening and the Plaintiff , as <br /> well as other landowners along this road, were required to set <br /> aside fifteen foot strips of land for future road widening . <br /> 12. The decision of the Mashpee Board of Appeals exceeded <br /> its authority on account of its failure to properly undertake <br /> consideration of the building moratorium, water quality and <br /> environmental control factors , and zoning regulations currently <br /> applicable to every property owner in this area . <br /> WHEREFORE, your Plaintiff prays for the following relief : <br /> 1 . That the decision of the Mashpee Board of Appeals be <br /> annulled. <br /> 2 . That the Plaintiff be awarded costs . <br /> THE PLAINTIFF , <br /> Padderborn Development <br /> Company, Inc. <br /> By its attorney, <br /> Martin J. O 'Malley Jr . <br /> 33 Bassett Lane <br /> P .O. Box 759 <br /> Hyannis , MA 02601 <br /> (617 ) 775-7100 <br /> Dated : August 31 , 1987 <br /> ash comp <br /> depaul/thomas dsk <br /> N J.O'MALLEY.JR. PC <br /> ORNEY AT LAW <br /> WINTER STREET <br /> OFFICE BOX 759 <br /> NIS, MA55. ....I <br /> ONE (617) 775-71OO <br />
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