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responsible for the maintenance and repair of highways and <br /> town roads under M.G. L. c. 41 ; 1 , 1988 Developments In <br /> Massachusetts Zoning Law, Landlaw Landuse Conference , January <br /> 27 , 1989 , p. 13 . <br /> 12. Goodspeed Meetinghouse Road is an ancient way <br /> predating zoning. <br /> 13 . The Mashpee Planning Board on January 29 , 1970 <br /> approved the subdivision of six lots containing the lot herein <br /> with Goodspeed Meetinghouse Road as the access way . <br /> CAUSE OF ACTION <br /> 14 . The Board of Appeals exceeded its authority in <br /> upholding the Building Commissioner and erroneously determined <br /> that Goodspeed Meetinghouse Road was inadequate access to <br /> Plaintiff ' s property ignoring the fact that the access is an <br /> ancient way which predates zoning and subdivision approval and <br /> therefore , section 7 . 6 of the Mashpee Zoning By-Laws does not <br /> apply to the Plaintiff ' s property. <br /> 15 . The members of the Board of Appeals acted <br /> unreasonably, arbitrarily, and capriciously in upholding the <br /> Building Department ' s decision to deny a building a permit . <br /> The Board of Appeals has no power or authority to enforce <br /> subdivision and/or zoning requirements upon Plaintiff for an <br /> access that is an ancient way. <br /> 16 . The conclusion reached by the Board in voting to <br /> uphold the Building Commissioner is unsupported by the facts <br /> and not based upon those factors which must be considered by <br /> the Board in addressing issues relating to an appeal . The <br /> Board failed to find that the approved subdivision plan <br /> predates the By-Law changes and therefore , Goodspeed <br /> Meetinghouse Road as an access is protected. <br /> 17 . The Plaintiff contends that he has been seriously <br /> harmed as a result of the Board ' s failure to grant the <br /> appropriate exception in that said failure results in the <br /> rendering of his property valueless . <br /> 18 . Plaintiff further alleges that to deny use of the <br /> locus by issuing building permits therefore due to an <br /> assertion of access problems amounts to a taking without <br /> compensation or due process hearing. <br /> SMITH 6 CONNOLLY <br /> SUITE IC WHEREFORE, Plaintiffs move this Honorable Court annul the <br /> 200 MAIN STREET decision of the Board of Appeals and: <br /> P.O.DRAWER U <br /> FALMOUTH.MASS.02541 (1 ) Direct that the Board of Appeals issue a decision <br /> overturning the Building Department ' s decision. <br /> TELEPHONE(617)548-6161 <br />