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l ' <br /> -2n <br /> STATEMENT OF FACTS <br /> 4 . The Plaintiffs are lessees of retail space , specifically <br /> Unit 23B in Building D (hereinafter the "premises") in the "Deer <br /> Crossing" commercial complex. located at Route 28 , Mashpee, MassachusettE <br /> (copy of unit plan is attached hereto and marked, Exhibit "A").. .. <br /> 5 . The premises is one of several retail. shops and offices <br /> which make up the Deer Crossing commercial shopping center . <br /> 6 . The Deer Crossing commercial complex is . located in the <br /> C-1 Zoning District as defined by the appropriate provisions of the <br /> Town Zoning By-Laws . <br /> 7 . The applicants propose to operate a business in the name <br /> of "Video Crossing" , which will generally be engaged in the sale and <br /> rental of audio and video equipment , including the sale and rental <br /> of tapes and movies . <br /> 8 . The proposed use is an allowed retail business/consumer <br /> service as provided for in Section 6 . 3E of the Zoning By-Laws for <br /> the Town of Mashpee . <br /> 9 . On or about February 12 , 198S the applicants filed an <br /> application for the special permit pursuant to the applicable <br /> provisions of the Zoning By-Laws for the Town of Mashpee . <br /> 10 . Notice was duly given pursuant to the provisions of <br /> Massachusetts General Laws , Chapter 40A, by publication, posting , <br /> and mailing to the abutters . <br /> 11 . A public hearing was held on April 10 , 1985 at the Town <br /> Hall in Mashpee before the three-member Zoning Board of Appeals . <br /> 12 . At that time the applicants , through their attorney, <br /> explained to the Board the purpose of the application and the basis <br /> upon which the relief sought after could be granted by the Board . <br /> 13 . During the course of that hearing, public comment was <br /> sought from those citizens in attendance , and no one in attendance <br /> spoke in opposition to the proposed petition. <br /> 14 . Following the oral presentation and questions from the <br /> Board;, the hearing was closed and the Board of Appeals took the <br /> matter under advisement . On or about June 12 , 1985 , with only tiro <br /> members of the Board present , said two members voted to deny the . <br /> application for the special permit . <br /> 15 . On June 26 , 1985 the remaining member of the Board , <br /> Mr . !C`osta , voted to deny the special permit . <br /> i <br />