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i <br /> 4 . On or about June 1992 , Blythe filed with the Mashpee <br /> , <br /> Board of Appeals an application for a Special Permit to construct <br /> a pier , ramp and float beginning at Lot B and extending <br /> northwesterly into Popponesset Creek, a distance of 70 feet. A <br /> copy of the plan showing the proposed structure is attached <br /> hereto as Exhibit C. <br /> 5 . The common boundary line (as extended ) between Blythe <br /> and Reidy is shown in red. <br /> 6 . The defendant Board of Appeals granted the Special Permit as <br /> set forth in a decision dated September 24 , 1992, a copy of which <br /> is attached hereto as Exhibit D. <br /> . 7. The plaintiff is aggrieved by the decision of the Board <br /> of .Appeals in that the structure would adversely impact on the <br /> value of the plaintiff ' s property and significantly interfere <br /> with the plaintiff ' s use and enjoyment of his land and with <br /> access to Popponesset Creek. <br /> B. The construction of the ramp and pier , as proposed , <br /> violates the sideline set back requirements of the Mashpee Zoning <br /> By-Law. <br /> 9 . The construction of the ramp , pier and float, as <br /> proposed, would constitute an encroachment and ongoing trespass <br /> against the plaintiff ' s land . <br /> 10 . The decision of the Board was in excess of its authority <br /> and must be annulled. <br /> COUNT I <br /> WHEREFORE, the plaintiff requests that the Court make a <br /> determination that the structure , as' proposed , would constitute <br />