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-2- <br /> (b) the applicants proposed a change in a <br /> "non-conforming use" by the construction of an addition which <br /> will result in inadequate setbacks as required by the Mashpee <br /> zoning By-Law. The request for a change in a non-conforming <br /> use is erroneous because there is a non-conforming lot, not a <br /> non-conforming use and thus the grant of a special permit as <br /> opposed to a variance is an improper form of relief; <br /> (c) the Mashpee zoning by-laws prohibit the further <br /> development of a non-conforming lot if setbacks are inadequate <br /> and thus the Board of Appeals by the granting of a Special <br /> Permit exceeded its authority; <br /> (d) the applicants did not comply with the <br /> requirements for the granting of a special permit and thus the <br /> Board of Appeals exceeded its authority. <br /> PAR ES <br /> 1. The defendant, William J. Hanrahan is an individual <br /> residing at P.O. Box 104, Mashpee, Barnstable County, <br /> Massachusetts, who, in his official capacity, is a member of <br /> the Board of Appeals for the Town of Mashpee. <br /> 2 . The defendant, Michael A. Makunas, is an individual <br /> residing at 51- James Circle, Mashpee, Barnstable County, <br /> Massachusetts, who, in his official capacity, is a member of <br /> the Board of Appeals for the Town of Mashpee. <br /> 3 . The defendant, Richard E. Halpren, is an individual <br /> residing at 100 Greatneck Road, North Mashpee, Barnstable <br /> County, Massachusetts, who in his official capacity, is a <br /> member of the Board of Appeals of the Town of Mashpee. <br />