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4. Defendant, Virginia Landry, is a member of the <br /> Board and resides at RFD 1, Box 401 in the Town. <br /> 5. Plaintiff, along with his wife Helena M. Wasil, <br /> is the owner of the land consisting of approximately 18 <br /> acres, and building thereon , located on Route 28 in the <br /> Town {the "Property") . <br /> 6. Since. 1973, Plaintiff has operated a flea market <br /> on the Property pursuant to annual licenses issued by the <br /> Town. <br /> 7. The Property is located in the Town' s C-1 Zoning <br /> District pursuant to the Town's Zoning By-law (the "By-law") . <br /> Effective May 7, 1984 , the Town amended the By-law <br /> to add a provision requiring a special permit from the <br /> Board for the operation of a flea market in the C-1 Zoning <br /> District (the "Provision") . A copy of the Provision is <br /> attached hereto as Exhibit A. Prior to the adoption of <br /> the Provision, the .By-law contained no regulations per- <br /> taining to the operation of a flea market in the C-1 <br /> Zoning District. <br /> S. On February 28, 1984 , Plaintiff filed with the Board <br /> an application pursuant to the Provision for a special <br /> permit to operate a flea market on the Property (the <br /> "Application") . A copy of the Application is attached <br /> hereto as Exhibit B. <br /> 9. On March 21, 1984 a public hearing was conducted <br />