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COMMONWEALTH OF MASSACHUSETTS <br /> iBARNSTABLE, SS. SUPERIOR COURT <br /> DOCKET NO. <br /> JOSEPH WEINSTEIN and <br /> PATRICIA WEINSTEIN, <br /> Plaintiffs <br /> * <br /> V. COMPLAINT <br /> * <br /> JAMES E. REGAN, III, MARSHALL BREM, <br /> ROBERT NELSON, EDWARD GOVONI, <br /> ZELLA ELIZENBERRY, and RICHARD, <br /> GUERRERA, in their capacity as Members <br /> of the Town of Mashpee Zoning Board of <br /> 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 October 29, 2003. (See certified copy of the Decision attached hereto as <br /> Exhibit "A".) <br /> PARTIES <br /> 1. Plaintiffs, Joseph Weinstein and Patricia Weinstein reside at 41 Taurus Road, <br /> Mashpee, MA 02649. <br /> 2. Defendants James E. Regan, III, Marshall Brem, Robert Nelson, Edward Govoni, <br /> Zella Elizenberry, and Richard Guerrera, are Members of the Board of Appeals, with an <br /> address of 16 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 />