08/28/1996 ZONING BOARD OF APPEALS Decisions

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14. The decision exceeded the Board's authority insofar as it allowed multiple uses on a single lot of land. It also exceeded the Board's authority insofar as it allowed multiple uses without specific details as to the portion of the lot or any building thereon which will be devoted to each such use permitted. 15. The multiple uses for which the special permit was granted will increase traffic congestion in the area and will create a safety hazard due to potential leakage of hazardous materials, especially insofar as medical and chemical waste may be generated in connection with uses under §§174 D(2), 174 D(3) and other hazardous materials may be stored or used under §174 G(2). The proposed uses will create a need for off street parking which has not been addressed by the Board's decision. 16. The Board's decision allowing the Special Permit (SP 96-53) was arbitrary and capricious and exceeded the Board's authority for the foregoing reasons, and in particular because the Board failed to adequately consider (a) detailed plans as to the portion or portions of the proposed building to be devoted to each specific use for which permission was granted, and to obtain Plan Review thereof by various Town Departments or officers as required by the Zoning By-Law, as well as (b) traffic, safety and environmental hazards detrimentally affecting the neighborhood and the adverse effect of the proposed uses on neighboring properties, and (c) the failure to provide for adequate off-street parking for all the uses permitted. 17. The Defendant Board was bound as a matter of law to deny the petition and exceeded its authority when it granted the Defendant Mashpee Industrial Park Realty Trust's application for a special permit. WHEREFORE the Plaintiff demands that the court issue an order adjudicating that the Town of Mashpee Board of Appeals, the within named Defendants, exceeded its authority and further order that the Board's decision in granting a special permit be annulled and that this court issue an order denying the special permit for the multiple uses sought by Mashpee Industrial Park Realty Trust, Paul De Ruyter, Trustee. Respectfully submitted, / Date: October 25, 1996 Robert A. Romero, Jr. 31 Milk Street, Suite 501 Boston, Massachusetts 02109 Telephone No. (617) 423-4990 BBO No. 426460 Attorney for Half Tide Marina, Inc. - 3 -