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place of a building. <br /> 29. The Zoning Board of Appeals failed to recognize that by over building, Raleigh created <br /> its own hardship and that a smaller building with mandated parking could have been <br /> accommodated within the lot without the necessity of a variance. <br /> 30. The Zoning Board of Appeals exceeded its authority in allowing Raleigh to create its <br /> own hardship and essentially spot zoned the Premises to reduce the parking requirements <br /> which are established in Section 174-43. <br /> 31. The Trust is aggrieved since its legal rights have been or likely will be infringed and that <br /> its property interest have been adversely affected. <br /> 32. By all precepts of law governing the issuance of variance, the Zoning Board of Appeals <br /> either failed to see the reality of the petition or ignored the fact that Raleigh had created <br /> its own hardship, thus exceeding its authority to grant the variance. <br /> 33. A copy of the Decision, which was date stamped and filed in the Town Clerk's Office in <br /> the Town of Mashpee on January 30, 2002 is attached hereto and marked as Exhibit C. <br /> WHEREFORE, the Plaintiff demands that the Mashpee Zoning Board of Appeals Decision <br /> (Exhibit C) be annulled and pray for such other relief as the Court deems appropriate. <br /> u <br /> Res ectfll Submi ed <br /> Respectfully <br /> il L. <br /> ill <br /> Michael J. rinciy,'"Esq. <br /> WYNN &VYNN, P.C. <br /> 300 Barnstable Road <br /> Hyannis, NV A 02601 <br /> (508) 775-3665 <br /> BBO#406680 <br /> Date: February 13, 2002 <br /> Page-4- <br />