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f <br /> i <br /> I <br /> 34. The Plaintiffs' legal rights have been infringed by the decision of the t <br /> r <br /> Zoning Board of Appeals. <br /> l <br /> ( <br /> 35. 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 /> i <br /> COUNT <br /> ZONING APPEAL PURSUANT TO M.G.L. CHAPTER 40A, 07 <br /> ( <br /> 36. Plaintiffs reallege and incorporate by reference the allegations in <br /> paragraphs 1 through 35. <br /> 37. 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 /> i <br /> Appeals. <br /> 1 <br /> i <br /> i <br /> 38. The Decision of the Zoning Board of Appeals denying the Plaintiffs' <br /> i <br /> Petition and affirming the determination of the Building Commissioner <br /> with respect to shellfish aquaculture operation is erroneous, in excess of <br /> i <br /> its authority, arbitrary, capricious and whimsical because, inter alia: <br /> i <br /> i <br /> TROY WALL a. The aquaculture grant is not permitted by the Mashpee Zoning ! <br /> i <br /> ASSOCIATES Bylaw; i <br /> ATTORNEYS AND <br /> COUNSELLORS AT LAW <br /> 90 ROUTE 6A b. The aquaculture grant will constitute a commercial use in a <br /> SANDWICH,Mi-"CHUSETTS residential district and is not allowed; <br /> 7161-1866 <br /> (508)888-5700 <br /> _ 8 i <br />