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r <br /> 40A from reapplying with respect to the same plan within 2 <br /> years ; b) Insofar as the plans submitted to the Board of <br /> Appeals were revised plans and different than those on appeal <br /> to this Court in Civil Action No. 87-593, the application <br /> must be governed by the zoning by-law currently in effect and <br /> with which the application does not comply; c) The applicant <br /> proposes an accessory use in the absence of any primary use , <br /> in derogation of the provisions of the Mashpee Zoning By-law; <br /> and d) The applicant failed to meet his burden of proof <br /> before the Board of Appeals, on the matters which require <br /> findings by the Board of Appeals prior to the granting of a <br /> Special Permit . <br /> COUNT I . PARTIES <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 <br /> member of 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 <br /> LLIAM C. HENCHY member of the Board of Appeals for the Town of Mashpee. <br /> TTORNEY AT LAW <br /> 3166 MAIN STREET <br /> OLD KING'S HIGHWAY <br /> P.O.BOX 945 3. The Defendant, Richard E. Halpern, is an individual <br /> ARNSTABLE.MA 02630 <br /> 16171 362 9890 residing at 100 Great Neck Road, North, Mashpee , <br /> Barnstable County Massachusetts , who , in his official <br />