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BARNSTABLE, SS SUPERIOR COURT DEPARTMENT <br /> BARNSTABLE DIVISION <br /> PLANNING_ BOARD OF THE <br /> TOWN OF MASHPEE <br /> VS . <br /> ROBERT J. HOULE, CHAIRMAN, <br /> MICHAEL MAKUNAS , and <br /> JOHN SLAVINSKY, as they <br /> constitute the Board of <br /> Appeals of the Town of COMPLAINT PURSUANT TO " <br /> Mashpee, and GILMORE G . CHAPTER 40A Section 17 <br /> GESSNER, Petitioner <br /> i <br /> 1 . Plaintiff is the duly elected planning board of the Town <br /> of Mashpee. <br /> 2 . Defendant Robert J. Houle is a resident of 32 Pond Circle , <br /> Mashpee„ Mass . , and is the Chairman . of the Board of Appeals of the <br /> Town of Maslipee . <br /> y <br /> 3 . Defendant Michael Makunas is a resident of 51 James Circle , <br /> Mashpee, Mass . , and is a member of the Mashpee Board of Appeals . <br /> 4 . Defendant John Slavinsky is a resident of 62 Edgewater <br /> Road, Mashpee , Mass . and is a, memb6i of the Mashpee Board of Appeals . <br /> 5 . Defendant Gilmore G. ! Gessner is the petitioner and is a <br /> resident of East Falmouth, Mass. <br /> 6 . On June 4 , 1981 defendant Board of Appeals filed with the <br /> Clerk of the Town of Mashpee a decision regarding the petition of <br /> Gilmore G. Gessner for a variance to construct sixty-eight (68) <br /> condominium units on property located off Route 2.8 at Wags Road , <br /> Mashpee . (Exhibit "A" attached) . — <br /> 7 . Defendant Board of Appeals did grant said variance although <br /> said condominiums are to be constructed in an area zoned R3 according <br /> to the Mashpee zoning by- law. Condominium units are not permitted <br /> in an R3 zone in the Town of Mashpee . <br /> � I <br />