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COMMONWEALTH OF MASSACHUSETTS <br /> BARNSTABLE, SS. SUPERIOR COURT <br /> DOCKET NO, <br /> JOSEPH WEINSTEIN and <br /> PATRICIA WEINSTEIN, <br /> Plaintiffs <br /> V. COMPLAINT <br /> ROBERT NELSON, FREDERICK <br /> BORGESON, JONATHAN FURBUSH, <br /> JAMES REIFFARTH, and MARSHALL BREM, <br /> in their capacity as Members of the Town <br /> of Mashpee Zoning Board of Appeals <br /> Defendants <br /> JURISDICTION <br /> This is an appeal pursuant to M.G.L. Chapter 40A, §17, where the Plaintiff seeks <br /> judicial review of the denial of a variance issued by the Town of Mashpee Zoning Board <br /> of Appeals on May 22, 2006. (See certified copy of the Decision attached hereto as Exhibit <br /> "A".) <br /> PARTIES <br /> 1. Plaintiffs, Joseph Weinstein and Patricia Weinstein reside at 41 Taurus Road, <br /> Mashpee, MA 02649. <br /> 2. Defendants, Robert Nelson, Frederick Borgeson, Jonathan Furbush, James <br /> Reiffarth, and Marshall Brem, are Members of the Board of Appeals, with an address of 16 <br /> Great Neck Road North, Mashpee, MA 02649. <br /> STATEMENT OF FACTS <br /> 1. On or about June 9, 2003, Plaintiffs filed an application for a building permit <br /> through a contractor known as Shell Island Pools, Inc., to construct a 20' by 40' pool at 41 <br /> Taurus Road, Mashpee, Massachusetts. (See Exhibit"B" attached hereto-building permit <br /> application, building permit, and site and sewage disposal plan.) <br />