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23. The Decision granting the variance exceeded the authority of <br /> the Board of Appeals, is arbitrary and capricious and based on <br /> legally untenable grounds in that the Defendants failed to <br /> establish criteria which would entitle them to a variance <br /> under M.G.L. ch. 40A, Section 10, to wit: <br /> a) No evidence was introduced to establish that the soil <br /> conditions, shape or topography of the Property is unique <br /> to the land and does not affect generally the zoning <br /> district in which the land is located; <br /> b) A literal enforcement of the by-law provisions does not <br /> involve substantial hardship, financial or otherwise to <br /> the Defendants. <br /> C) That relief cannot be granted without substantial <br /> detriment to the public good and without nullifying or <br /> substantially derogating from the intent or purpose of <br /> the by-law. <br /> d) The decision of the Board is defective on its face <br /> because it fails to contain the necessary findings that <br /> the Defendants met all the statutory requirements for the <br /> grant of a variance under Massachusetts General Laws <br /> Chapter 40A, Section 10. <br /> WHEREFORE, the Plaintiff respectfully requests this Honorable Court <br /> to issue an order and judgment as follows: <br /> 1. That the Decision of the Mashpee Board of Appeals <br /> exceeded its authority and is null and void. <br /> 2. In the alternative, that this matter be remanded back to <br /> the Mashpee Board of Appeals for further consideration. <br /> 3 . For such other relief as this Court deems meet and just <br /> under the circumstances. <br /> COUNT II <br /> 24 . Plaintiff repeats and realleges the allegations contained in <br /> Paragraphs 1 - 23 above. <br /> 25. The Plaintiffs are aggrieved by the Decisions of the Board of <br /> Appeals and are persons aggrieved within the meaning of G. L. <br /> C. 40A, Section 17. <br /> 5 <br />