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15. Petitioner also pointed out that there have been <br /> building permits granted to other sites which use Goodspeed <br /> Meeting House Road as access. <br /> 16 . The Board of Appeals denied the variance application of <br /> the petitioner (copy attached) without prejudice to allow <br /> reapplication apparently. <br /> 17 . The decision of the Board of Appeals is whimsical , <br /> arbitrary and capricious and contrary to the evidence presented <br /> and their reasoning ignores the presumption of adequate access <br /> of the subdivision as approved by the Planning Board and further <br /> that the applicant cannot use his land without said variance <br /> since the roadway that is deemed inadequate is not under the <br /> domain or control of the petitioner. <br /> Wherefore, Plaintiff moves this Honorable Court: <br /> 1 . Overturn the decision of the Board of Appeals and direct <br /> that Plaintiff be given a variance. <br /> 2 . Remand the matter to the Board of Appeals directing that <br /> a variance be granted. <br /> 3 . Issue judgment for Plaintiff determining that access is <br /> adequate under the subdivision plan approved. <br /> 4. Grant any further relief the court deems meet and just. <br /> Plaintiff <br /> By his attorney, <br /> /Joh onnolly <br /> SMI & CONN LLY <br /> \ P. . Drawer <br /> Falmouth, MA 02541 <br /> Dated: 26 June 1989 <br /> SMITH a Co Olty.P.c. <br /> SUITE 1 C <br /> 200 MAIN STREET <br /> P.O.DRAWER U <br /> FALMOUTH.MASS.02591 <br /> TELEPHONE 60015966161 <br />