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Also,I wish to thank the many volunteers on our Board of Health v.MEZ Realty,Inc. Boards,Committees and Commissions. We continue Barnstable Superior Court C.A.No.2008-00711 to solicit additional committee members. If interested This is an enforcement action brought by the in serving on a particular committee please submit a Board of Health pursuant to G.L. c. 111, §§127A and letter of interest and resume to the Office of Selectmen 1271 requesting a Court Order requiring the defendant I or by email to bos@mashpeema.gov. to comply with a Board of Health Order issued on j February 14, 2008 relative to sanitary code violations Respectfully submitted, at 300 Nathan Ellis Highway. The parties settled this Wayne E.Taylor, Chairman matter and filed a Stipulation of Dismissal with the Michael R.Richardson, Vice Chairman Court on April 4, 2011. Carol A. Sherman, Clerk John J.Cahalane Caffyn,et al.v.Board of Selectmen Thomas F.O'Hara Barnstable Superior Court Case No BACV 2011- Mashpee Board of Selectmen 00219 This action asserts an administrative agency appeal under G.L. c.30A and seeks declaratory relief relative to a grant by the Board of Selectmen of a Report of the shellfish aquaculture license to Richard J.Cook allow- ing him to conduct aquaculture activities within a one Town Counsel acre area adjacent to Popponesset Island. The Complaint was filed on May 18, 2011. Upon recon- In calendar year 2011, Louison, Costello, sideration of the circumstances relative to the subject Condon and Pfaff LLP filed appearances on behalf of license, the applicant decided to petition the the Town in pending court proceedings,provided legal Selectmen to rescind/revoke the license, which peti- advice and opinions to the Board of Selectmen, Town tion was approved by the Board of Selectmen on Manager and other Town officers,boards and agencies December 19, 2011, and to pursue a license for an on matters relating to Town Meeting, municipal con- alternative location in Popponesset. Bay. The subject tracts/agreements, leases/real estate, zoning/building litigation will accordingly be dismissed forthwith. code enforcement, tax assessment and tax collection, ('affvn et al v. Zoning Board of Appeals personnel administration/ employment issues, zoning Land Court No.11MISC 454696 variance/special permit proceedings, development of ` solar energy generating facilities on Town property, This is an appeal pursuant to G.L. c. 40A of a and other general legal issues. determination of the Building Inspector and the ZBA that the Town's Zoning Bylaw does not apply to the A summaryof the pending and resolved liti a- location of the Cook shellfish license grant noted in P g g tion in which the Town has been engaged from the above-referenced case. A Case Management con- ference was held in the Land Court on December 13, January,2011 to the present is set forth below. 2011. The case is currently on hold, pending likely Affordable Housing of New England dismissal on grounds of mootness. (Plaza Delloll v ZBA Barnstable Superior Court Case No.BACV 2008- Dunne v.Zoning Board of Appeals 00517 Barnstable Superior Court C.A.No.09-0585A This is an appeal under G.L. c. 40A, §17 of a This matter is an appeal of the Zoning Board of decision by the Zoning Board of Appeals to uphold Appeals' denial of an application for a special permit the cease and desist order issued by the Building for lot coverage/density relief with regard to a shed Inspector/Zoning Enforcement Agent with regard to erected at the property located at 167 Wading Place the Plaza Del Sol Motel. The parties have settled this Road. The trial of this matter has been continued to matter and a Stipulation of Dismissal was filed with allow the parties to finalize settlement terms. the Barnstable Superior Court on May 27, 2011. 9