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The Board also established that granting the Variance would not <br /> be detrimental to the Town, and would be in harmony with the general <br /> purpose and intent of the ordinance or by-law. <br /> Upon motion duly made and seconded the Board voted unanimously <br /> to grant the request for a Variance under Sections 9. 31, 9. 321, and 9. 322, <br /> and filed a decision accordingly. <br /> On June 22, 1981 the Planning Board of the Town of Mashpee filed <br /> an appeal from this decision and entered Barnstable Superior Court case <br /> #41180, Planning Board of the Town of Mashpee vs. Robert J. Houle, <br /> Chairman, et als. <br /> Settlement negotiations proceeded and have resulted in the filing of <br /> a Motion for Interlocutory Order of Remand, which has been approved by <br /> the Court. In accordance with said order, a copy of which is attached <br /> hereto, the Board hereby amends their decision as follows: <br /> As a condition of the decision the Board voted that the <br /> Variance is conditioned upon the Petitioner applying for <br /> and obtaining a Special Permit to construct no .more <br /> than thirty (30) condominium units, in substantially the <br /> same form as presented before the Board within one <br /> year from the date this decision is filed with the Town <br /> Clerk of Mashpee. <br /> MASHPEE BOARD OF APPEALS <br /> BY: <br /> In Favor _ <br /> In Favor <br /> In Favor <br />