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size of 40,000 sq.ft., and a minimum frontage requirement of 150 feet. Plaintiff avers that 55 <br /> ABR contains 25,030 sq. ft and frontage of 50 feet. <br /> 13. Plaintiffs aver that the Special Permit approved by Defendants is contrary to law <br /> as it provides that Quality may raze, alter and change the pre-existing non-conforming <br /> structure on 55 ABR notwithstanding that 55 ABR has insufficient lot size and frontage. <br /> 14. Plaintiffs aver that the Special Permit exceeds the authority of the Board. <br /> 15. Plaintiffs aver that the Special Permit exceeds the authority of the Board on the <br /> grounds that: 1) 55 ABR is an unlawfully non-conforming lot; 2)the division of the <br /> Primary Lot was in violation of the applicable regulations of the Mashpee Zoning By- <br /> Law; 3) the Defendant's findings in support of the Special Permit are flawed, and <br /> erroneous, and; 4) Quality may not proceed with new construction as proposed without a <br /> variance for lot size and frontage. <br /> Wherefore, Plaintiffs respectfully request this Honorable Court issue judgment <br /> annulling the Special Permit because it exceeds the authority of the Board, and make <br /> such other decree as justice and equity may require. <br /> _Plaintiffs <br /> -- - Anne Levine and Howard Smith <br /> By their attorney, <br /> Howard M. Smith <br /> Newman& Smith <br /> One Gateway Center#350 <br /> Newton, MA 02458 <br /> 617 965 9900 <br /> BBO # 468880 <br /> 4 <br />