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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 -h' attorne <br /> John onnoll <br /> SMITH CONNO <br /> P.O. D awer U, <br /> Fa outh, MA 1 <br /> Dated: 26 June 1989 <br /> aCC CILLV.P.C. <br /> SUIM1C <br /> MAIN STREET <br /> .O.ORA U <br /> O H.MASS.02 11 <br /> ONE F )SYB61E1 <br />