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10 . The site approved for the three dwellings lies within <br /> an area designated by the Town of Mashpee for the study of water <br /> quality and other environmental factors and there currently <br /> exists a moratorium for the construction of buildings within <br /> this area. <br /> 11 . The road , Old Barnstable Road , on which the site is <br /> located, has been proposed for widening and the Plaintiff , as <br /> well as other landowners along this road , were required to set <br /> aside fifteen foot strips of land for future road widening . <br /> 12. The decision of the Mashpee Board of Appeals exceeded <br /> its authority on account of its failure to properly undertake <br /> consideration of the building moratorium, water quality and <br /> environmental control factors , and zoning regulations currently <br /> applicable to every property owner in this area . <br /> WHEREFORE, your Plaintiff prays for the following relief : <br /> 1 . That the decision of the Mashpee Board of Appeals be <br /> annulled. <br /> 2. That the Plaintiff be awarded costs . <br /> THE PLAINTIFF , <br /> Padderborn Development <br /> Company, Inc. <br /> By its attorney, <br /> Martin J. O 'Malley Jr. <br /> 33 Bassett Lane <br /> P .O. Box 759 <br /> Hyannis , MA 02601 <br /> (617 ) 775-7100 <br /> Dated : August 31 , 1987 <br /> mash comp <br /> depaul/thomas dsk <br /> J.0 MALLEY.JR.PC <br /> ORNEY AT LAW <br /> WINTER STREET <br /> OFFICE 90% 798 <br /> N19. MASS. 02601 <br /> NE IBI I) ]]9 7100 <br />