03/09/2022 ZONING BOARD OF APPEALS Minutes

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43. The failure to obtain four(4) votes for approval resulted in a denial of the Special Permit request. 44. On April 26, 2022, the Board filed its decision on the BEC's application with the Mashpee Town Clerk (Decision). A certified copy of the Decision is appended hereto as Attachment 1. 45. The Board's Decision inexplicably states that there is an excessive increase of the Flood Plain in the lot area impacted. 46. The Board's Decision does not contain any findings setting forth the basis for its denial pursuant to Zoning By-Laws § 174-17.1. 47. The Board erred in failing to find that BEC is entitled to a Special Permit, as there was substantial evidence to support a finding that the proposed structure would not be substantially more detrimental that what was currently exists. 48. BEC demonstrated satisfaction of the Special Permit criteria pursuant to Zoning By-Laws § 174-17.1. 49. BEC is aggrieved due to the Board's Decision to deny the Special Permit for the Subject Property. 50. The Board's Decision exceeded its authority and/or was arbitrary and capricious because, inter alia, BEC submitted evidence and demonstrated satisfaction of the Special Permit criteria pursuant to Zoning By-Laws § 174-17.1. 51. The Board's Decision must be annulled. COUNT APPEAL PUSUANT TO G.L. c.APA,,§ 17 52. BEC repeats and revers the allegations contained in Paragraph 1 through 39, as if fully set forth herein. 53. For all the reasons detailed above,the Board's Decision to deny BEC's Special Permit application is ultra vires, unreasonable, arbitrary, capricious, without substantial basis in fact, invalid and illegal, and exceeds the authority of the Board in that the Board, without limitation, improperly and in violation of both the requirements and intent of G.L. c. 40A and the Zoning By-Laws: (a) Failed to set forth any findings pursuant to Zoning By-Laws § 174-17.1;