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-3- <br /> 4 . The defendants Richard and Miriam Coffman are <br /> individuals with a residential address of 95 Wellesley Road, _ . <br /> Belmont, Middlesex County, Massachusetts. <br /> 5 . The plaintiff is an individual who is an owner . of real <br /> property known as Lot 166, Whipporwill Circle, Mashpee, <br /> Barnstable County, Massachusetts, which Lot abuts the real <br /> property with respect to which the Special Permit was granted <br /> and Mr. Malloy is a party in interest to the action as that <br /> term is defined in G.x,. c. 40A. <br /> COUNT I <br /> 6. The plaintiff incorporates by reference the <br /> allegations of Paragraphs 1-5 above. <br /> 7. The defendants Richard and Miriam Coffman on September <br /> 22, 1989 filed a petition for a special permit or alternatively <br /> a variance under the zoning by-law of the Town of Mashpee with <br /> the Board of Appeals (a. copy of which is..annexed hereto as <br /> Exhibit B) . ' <br /> 8. The defendants' petition sought a Special Permit to <br /> enlarge or extend a non-conforming use under Section 5 . 1 and . <br /> Section 6.2 or a variance from Section 7.7, all of the zoning <br /> by-laws of the Town of. Mashpee. <br /> 9. The reasons set forth on the defendants' petition for <br /> a special permit or a variance are inadequate as a matter of <br /> law on which to base the granting of a special permit or a <br /> variance. <br /> 10. The defendants requested the variance or Special <br /> Permit so as to construct within 50 feet of water or wetlands <br /> a <br />