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after called the "zoning by-law") provides that a place of manufac- <br /> turing is not a permitted use in a Commercial C-2 zoning district. <br /> 9. On June 8, 1978 the plaintiffs filed with the Town <br /> Clerk of Mashpee a notice of appeal to the board of appeals pursuant <br /> to the provisions of G.L. Ch. 40A, Sec. 15. <br /> 10. On August 2, 1978 and on August 16, 19780 hearings <br /> were conducted by the board of appeals on the plaintiffs' appeal. <br /> 11. Each plaintiff is aggrieved by the decision of the <br /> board of appeals, a certified copy of which is annexed hereto, <br /> filed with the Town Clerk on August 18, 1978. <br /> 12. • The decision of the board of appeals exceed4• the ; <br /> authority of the board and should be annulled for the following <br /> reasons: <br /> a. In reaching its decisilog to deny relief to the, <br /> plaintiffs, the board of appeals improperly and erroneously deter- <br /> mined that the building permits issued to Gilmore Paving and Con- <br /> tracting, Inc. on March 1, 1976 were validly outstanding and in <br /> force in May of 1978. <br /> b. The board of appeals erroneously and improperly <br /> ruled that the plaintiffs' appeal, pursuant to G.L. Ch. 40A, Sec. <br /> 15, was not seasonably filed. <br /> c. The decision of the board of appeals is based on <br /> legally untenable grounds. <br /> Wherefore, the plaintiffs demand judgment as follows: <br /> -3- <br /> I <br />