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It <br /> IL <br /> acknowledgement of nonconformity by the applicant, the Board <br /> nevertheless voted "to grant the special permit, " subject to <br /> certain conditions not pertinent here, in plain violation of the <br /> setback requirements of § 174-31 of the Mashpee Town Bylaws. <br /> 18. Fields Point and its General and Limited Partners will <br /> be damaged if McDonald' s proceeds with its planned reconstruction <br /> of the Locus. <br /> COUNT ONE <br /> 19 . The plaintiffs restate and incorporate by reference <br /> Paragraphs 1-18 of this Complaint as if fully set forth herein. <br /> 20. The Decision exceeds the authority of the Board <br /> because, among other reasons, the Board as a matter of law had no <br /> authority to grant a special permit given McDonald's planned <br /> construction of a parking lot within fifty feet of Route 28, in <br /> violation of § 174-31 of the Mashpee Town Bylaws. <br /> 21. Fields Point, by and through its General Partners, is. <br /> "aggrieved" by the Decision within the meaning of G. L. c. 40A, <br /> § 17 , and the plaintiffs accordingly have standing to maintain <br /> the present action. <br /> WHEREFORE, the plaintiffs respectfully pray for the entry of <br /> a judgment: <br /> A. Annulling the November 2, 1990 Decision of the Mashpee <br /> Board of Appeals, a certified copy of which is attached hereto as <br /> Exhibit B; and <br /> POCABCM3.FP -6- <br />