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far this S ubd ivz s i on. Therefore, it cannot be built on in the future." <br /> Mr. Reardon arrived and -Mr. Marsters asked about an article to exclude ex- <br /> i.sting property from, this requirement in the Coml area and Mr. Reardon didn't thank <br /> it could be done. He asked if New Se abury-woul.d be the only one affected and Mr. <br /> Marsters said 'ono«, citing Tisit's, the package store, the gas station, On the Rocks, <br /> Dan and Billt-and Dick and Ellids. Mr. Reardon said that we could come up- with a <br /> decision to the problem which will cover them in the future. <br /> Mr. Reardon brought up the subject of mobile homes and said that he has done <br /> 15 hours of research so far -- there is very little law in Mashpee, but law all <br /> over the place in other jurisdictions, such as Pennsylvania, New York., California.? <br /> Michigan and Wisconsin - mostly stags that have touri.s is. In these particular <br /> states, all of their courts have held that zoning which'excludes mobile homes is <br /> unconstitutional.. Our Bylaw indirectly excludes mobile homes - we mention them, <br /> but don tt give them a home. It was done intentionally -, that's one major differ- <br /> ence between our law and other cities and towns and courts a* the issue has never <br /> been adjudicated by the Supreme Court of Massachusetts. It di do f t have to do with <br /> being unc ons ti:tuti anal a it was' said to be "arbitrary and c apra.c i ous" allowing <br /> mobile homes, but imposing restrictions that were grossly severe.. <br /> Mr. Reardon said that there is a suit pending against the town. naw . the deem <br /> cision of the Board of Appeals was appealed from. about 4 years ago. Mr: Reardon <br /> said he wasnit even aware 'of the suit until -he received notice of the hearing. <br /> Malcolm MacDonald is attacking the c anstitutionality of our Bylaws on trailers. <br /> Mere his existing trailer park is now, there is,, ad jacent tD it' and abutting it., <br /> a 40m*acre parcel of land -- he applied to the Board of appeals for permission to <br /> extend a non-econfo ming use 'ors this lot. The Board of Appeals turned MacDonald <br /> down because he was wrong in that theory - he was turned down on the variance re- <br /> quest. The Board of Appeals didn't find any hardship - the decision was poorly <br /> written - apparently returned in 1974, MacDonald has hired Joe Ward of Fitchburg. <br /> The-'re going after us on this constitutional 'issue -- they raised it at the plead- <br /> ing. <br /> The raising of this issue caused Mr. Reardon to look at and question it. The <br /> other side is mindful of the fact that there is no Massachusetts law, but are mind- <br /> ful of other cases in other jurisdictions. If they win, MacDonald will be able to <br /> use the 40 acres for his mobile home park with no zoning restrictions. He doesn't <br /> think the T cwn should go forward at this time, however, i t .should be given a lot <br /> of thought - we have to make a thorough decision on this thing. It will be bene- <br /> ficial to the Town to stay pat and say our bylaw is valid. He further said if we <br /> lose, we're still okay, because he can file an -appeal and. put it in the Court of <br /> Appeals and tie it up for six months until we have a Special Town Meeting. <br /> Nor. Blakeman commented that Otis is advertised in the summer as a camping <br /> area* Mira Reardon., continuing on with his o piny.on, said that he thinks the Su- <br /> preme Judicial Court may come down and say that the tawn can protect itself for <br /> aesthetic reasons. He further said that he thinks Dr. MacDonald will carry his <br /> appeal all the way to ,the federal system. <br /> �r. Jonas asked Mr. Reardon about the Anderson A14R, saying that it's not an ANR <br /> and it's not a subdivision, Reardon said that technically he doesn't have any <br />