07/24/1996 ZONING BOARD OF APPEALS Decisions

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an aggrieved party. 6. On or about June 28, 1996, the Defendants, Half Tide Marina, Inc. filed an application for a special permit under Mashpee Zoning By-Law Section 174-25(G)(9) to allow the usage of an empty lot located at 57 Industrial Drive (Map 88 Lot 24) for the purpose of open lot storage of boats. 7. The Defendant Board held a public hearing on the Half Tide Marina, Inc. special permit application on July 24, 1996. 8. The published notice of the hearing and the posted notices required by the Massachusetts General Laws Chapter 40A §11 failed to adequately and accurately name the petitioner. 9. The Defendant Board of Appeals inappropriately deferred or delegated part of its decision making authority to the Design Review Committee. 10. The decision fails to recite all findings, or facts or reasoning to support findings as required by M.G.L. Chapter 40A §9 and the Town of Mashpee Zoning By- Law, Chapter 174 of the Code of the Town of Mashpee. 11. The decision fails to take into proper account the use of the lot and surrounding lots as an "Industrial Park" intended for the use of more industrial type uses and the adverse effect on the neighboring properties of the applied for use. 12.. The storage of boats will increase traffic congestion in the area and will create a safety hazard due to the potential leakage of hazardous materials. 13. On account of the Defendant Board of Appeals' allowance of this special permit and their failure to adequately consider the safety, environmental hazards I and traffic hazards detrimentally affecting the neighborhood and the adverse effect of the proposed use on neighboring properties, the Plaintiff alleges and avers that the Defendant Board of Appeals' decision to grant Defendant Half Tide Marina Inc.'s request for a special permit was arbitrary and capricious and exceeded the Board's authority. 14. The Defendant Board was bound as a matter of law to deny the petition and exceeded their authority when they granted Defendant Half Tide Marina, Inc. an application for a special permit.