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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 /> 1. <br /> John Conno <br /> SMITH & CONN LLY <br /> P.O. rawer <br /> outh, MA 02541 <br /> Dated: 26 June 1989 <br /> SMITH G CONNOl Y,P.C. <br /> SUITE 1 C <br /> 200 MAIN STREET <br /> P.O.DRAWER U <br /> FALMOUTH,MASS.02541 <br /> TELEPHONE 6081 5986161 <br />