03/09/2022 ZONING BOARD OF APPEALS Minutes

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(b) Failed to consider the evidence presented to the Board that demonstrated satisfaction of the Special Permit criteria pursuant to Zoning By-Laws § 174-17.1. 54. As a consequence of the above, the Decision of the Board should be annulled. REQUEST FOR RELIEF WHEREFORE, BEC prays that this Honorable Court: (a) Enter Judgement for BEC to the effect that the Mashpee Zoning Board of Appeals exceeded its authority in denying the Special Permit application and order the issuance of a Special Permit for the Subject Property; (b) Order that the Board's Decision filed with the Mashpee Town Clerk on April 26, 2022, be annulled and declared invalid and of no force or effect; (c) Award BEC its reasonable attorney's fees and costs; and (d) Grant such other and further relief as may be just and necessary.