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Y <br /> -2- <br /> 5. That a hearing on said application was held before the Board of <br /> Appeals for the Town of Mashpee on April 24, 1974, at the Mashpee <br /> Town Hall. Members of the Board in attendance were respondents <br /> Clara L. Keliinui, Kevin D. O'Connell, and Frank E. Hicks. <br /> 6. That on May 8, 1974, the decision of the Board of Appeals on said <br /> petition was filed with the Town Clerk of the Town of Mashpee denying <br /> petitioner's application for the reason that the Zoning By-Laws of the <br /> Town of Mashpee specifically exclude trailer or mobile home parks <br /> (copy of decision attached hereto). <br /> 7. The petitioner avers that said decision exceeds the authority of <br /> the Board of Appeals. The provisions of the Zoning By-Law completely <br /> prohibiting trailer parks and mobile home parka anywhere in the Town <br /> of Mashpee bears no substantial relationship to the health, morals, <br /> safety or general welfare of the community. Said provisions are <br /> beyond the reasonable exercise of police power and are therefore <br /> unconstitutional and invalid. The enabling statute which Is the basis <br /> for the Zoning By-Laws (Chapter 40A, Massachusetts General Laws) <br /> authorizes a Town to regulate the uses of land within the Town but <br /> does not authorize the complete prohibition of the uses which petitioner <br /> seeks in his application. <br /> Therefore, any action taken by the Board of Appeals under said <br /> provisions is illegal and invalid. <br /> WHEREFORE, your petitioner prays: <br /> 1. That the action of the Board of Appeals be reviewed by this <br /> Honorable Court. <br /> 2. That the Court find that the decision of the Board of Appeals was <br /> Improper and the same be annulled. <br /> 3. That upon all the evidence, the decision of the Board of Appeals <br /> exceeded its authority; that said decision be annulled and the Board <br /> be ordered to change its records accordingly. <br /> 4. For whatever relief this Honorable Court deems necessary and <br /> proper as justice and equity may require. <br /> MALCOLM E. MACDONALD <br /> OSEPH D. WARD BY JOSEPH D. WARD <br /> •TrORNIFY AT l,M R E G E 1 V E D <br /> !10 MAIN STRE[T J <br /> -X.11110. N,fl.CMII..YTf JUA1-2' 1974 By <br /> iiPEB TOWN CLF'N / FRANCIS J. CHARLTON, <br /> ATTORNEY AT LAW <br />