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-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 <br />8, 1974, <br />the decision of the <br />Board of Appeals on said <br />petition was filed <br />with the <br />Town Clerk of the <br />Town of Mashpee denying <br />petitioner's application for <br />the reason that the <br />Zoning By -Laws of the <br />Town of Mashpee <br />specifically exclude trailer or mobile home parks <br />(copy of decision <br />attached <br />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 />SEPH D. WARD II V E D <br />•TrORNIFY AT t,w R E G E <br />10 MAIN STNE[T 13� <br />i.011Y. Y,,,.CMY..TT, J 'JYV���fJ/ 19,74 <br />MALCOLM E. MACDONALD <br />BY JOSEPH D . WARD <br />TOWN CLF <br />FRANCIS J. CHARLTON, <br />ATTORNEY AT LAW <br />