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• 25. Denial of the. variance preseiLs a substantial hardship <br />to Krock, who seeks to modernize the existing <br />dwelling, improve drainage issues and update the <br />sewage disposal system. The Property has an assessed <br />value of $2.7 million dollars but cannot be used to <br />its fair market value without a dwelling that is <br />consistent with those in the neighborhood. <br />26. The Property is unique in that it is bounded on one <br />side by a public way, on the second side by an <br />unfinished way, on the third side by unbuildable <br />coastal property, and on the fourth side by property <br />• owned by a party related to Krock. <br />IV. LEGAL CLAIMS <br />COUNT I - G.L. c. 40A, 517 <br />27. Krock repeats and realleges the allegations contained <br />in paragraphs 1 through 26 as if fully set forth <br />herein. <br />28. Krock is aggrieved by the Board's decisions denying <br />the requested special permit and variance. <br />29. The Board's decisions are arbitrary and capricious, in <br />excess of its authority, and based upon errors of law <br />and fact. <br />0 <br />