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11/12/1997 ZONING BOARD OF APPEAL Decisions
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11/12/1997 ZONING BOARD OF APPEAL Decisions
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page four <br /> k) Wholesale business or storage <br /> 1 ) Trucking terminals <br /> m) Extractive industries <br /> 6 . No evidence was presented to the Board with respect to any of <br /> the uses which the Board purported to allow by special permit . <br /> 7 . The record of the proceedings, including the decision of the <br /> Board, contain no discussion or findings with respect to whether <br /> any proposed use conforms to the standards required for the <br /> issuance of a special permit under either the M.G. L. c. 40A <br /> section 9 or the provisions of the Mashpee bylaw. <br /> 8 . Neither the record of the proceedings nor the decision of the <br /> Board contains any evidence that sufficient parking exists on <br /> the site to accomodate tale various combination of uses which may <br /> be carried on at the site at one time under the purported <br /> special permit . <br /> 9 . The Board has abdicated :it ' s responsibility in the issuance of <br /> a "blanket" special permit to the applicant, and improperly <br /> delegated to the applicant , the statutory authority of the Board <br /> to authorize uses only after the Board has specifically found <br /> that a particular proposed use conforms to the special permit <br /> criteria . <br /> 10 . The decision exceeds the authority of the Board. <br /> 11 . The plaintiffs are aggrieved by the decision of the Board of <br /> Appeals which is the subject of this appeal . <br /> F <br />
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