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5. On or about July 22, 1996, The Defendant Mashpee Industrial Park Realty <br /> Trust, Paul De Ruyter, Trustee, filed an application for a Special Permit under <br /> Mashpee Zoning By-Law Sections 174-25 D 1-5, 174-25 G 1-10 and 174-25 H 6 for <br /> permission to construct a 80' by 124.11' building to be divided into a number of five <br /> commercial rental units. <br /> 6. The Defendant Board held a public hearing on MIPPT's special permit <br /> application on August 28, 1996 which was continued on September 25, 1996. <br /> 7. The Defendant Board issued a decision granting a special permit under <br /> Mashpee Zoning By-Law Sections 174-25 D 1-4, 174-25 G 2-4. The decision (SP 96- <br /> 53) was filed with Town Clerk on October 8, 1996. <br /> 8. The uses permitted by the Special Permit include Business, financial, <br /> professional.or governmental offices (§174 D(1)); Offices and clinics for medical, <br /> psychiatric or other health services for the examination or treatment of persons as <br /> outpatients, including laboratories that are part of such offices or clinics (§174 D(2)); <br /> Laboratory or research facility (§174 D(3)); Radio or television studio (§174 D(4)); <br /> Printing, binding, publishing and related arts and trades (§174 G(2)); Bottling of <br /> beverages (§174 G(2)); Plumbing, electrical or carpentry shop or other similar service <br /> or repair establishment (§174 G(2)). <br /> 9. The published notice of the hearing and the posted notices required by G. L. <br /> Chapter 40A §11 failed to adequately and accurately name the petitioner. <br /> 10. The Defendant Board of Appeals inappropriately deferred or delegated part <br /> of its decision making authority to the Design Review Committee. <br /> 11. The decision fails to recite all findings, or facts or reasoning to support <br /> findings as required by G. L Chapter 40A §9 and the Mashpee Zoning By-Law Chapter <br /> 174 of the Code of the Town of Mashpee. <br /> 12. The decision fails to take into proper account the use of the lot and <br /> surrounding lots as an "Industrial Park" intended for the use of more industrial types of <br /> uses and the adverse effect on the neighboring properties of the applied for use. <br /> 13. The decision fails to indicate whether there was a Plan Review as required <br /> by the Mashpee Zoning By-Law Chapter 174 of the Code of the Town of Mashpee for <br /> each specific use for which a special permit was granted. <br /> - 2 - <br />