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32. The Plaintiffs' legal rights have been infringed by the decision of the <br /> Zoning Board of Appeals, <br /> i <br /> 33. The Plaintiffs have suffered and will suffer a special and different injury <br /> as a result of the decision of the Zoning Board of Appeals, <br /> COUNT <br /> ZONING APPEAL PURSUANT TO M.G.L. CHAPTER 40A,U7 <br /> 34. Plaintiffs reallege and incorporate by reference the allegations in <br /> paragraphs 1 through 33. <br /> 35. The Plaintiffs are persons aggrieved, within the meaning of M.G.L. <br /> Chapter 40A, § 17, by the Decision of the Mashpee Zoning Board of <br /> Appeals. <br /> 136. The Decision of the Zoning Board of Appeals denying the Plaintiffs' <br /> Petition and affirming the determination of the Building Commissioner <br /> with respect to shellfish aquaculture facility is erroneous, in excess of its <br /> authority,arbitrary,capricious and whimsical because, inter alia: <br /> a. The aquaculture facility is not permitted by the Mashpee Zoning <br /> TROY WA7S ; <br /> ASSOOTATES Bylaw; <br /> ATTORNEYS AND <br /> COUNSELLORS AT LAW b. The aquaculture facilitywill constitute a commercial and/or <br /> 90 ROUTE 6A q <br /> WDWICH,MASSACHUSET7S industrial use in a residential district and is not allowed; <br /> 02565.1866 <br /> - I <br /> PHONE:(508)888.5700 <br /> 8 <br /> �I <br /> f; <br />