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k <br /> 6. After hearing on January 10, 2007, the Mashpee Zoning Board of Appeals, on January <br /> 26, 2007, the effective date of the decisions, granted Variance No. V-07-04 and Special Permit <br /> No. SP-07-05 to Defendants,Eric H.Peterson and Dawn A.Peterson for property located at 112 <br /> Wading Place Road, Mashpee, MA for the construction of a 34' x 34' detached free standing <br /> garage thereon. A copy of said Variance decision is attached hereto as Exhibit A and a copy of <br /> said Special Permit decision is attached hereto as Exhibit B. <br /> 7. Said decisions were both filed with the Town of Mashpee Town Clerk's office on <br /> January 26,2007. <br /> COUNT <br /> Appeal of Variance <br /> (M.G.L. c.40A,Section 17) <br /> b. The plaintiffs restate and reallege Paragraphs 1 through 7 as set forth above as if the <br /> same were set forth herein in their entirety. <br /> 9. The plaintiffs are aggrieved by the decision of the defendant Board attached hereto as <br /> Exhibit A and alleges that the defendant Board's decision: is in excess of its authority and/or is <br /> based on legally untenable grounds, to wit: the decision is not supported by the requirements of <br /> G.L. c. 40A, sec. 10 and/or is whimsical, arbitrary or capricious. <br /> WHEREFORE,the plaintiffs pray: <br /> 1. That the decision of the Board be annulled; <br /> 2. That the Court make findings of fact on all issues presented; <br /> 3. That the petition of the plaintiffs be remanded to the Board for further action <br /> 2 <br />