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13. The decision of the Board of Appeals, attached hereto as <br /> Exhibit A, exceeds the authority of the Board insofar <br /> as: <br /> a) having been denied for application for a Special , <br /> Permit , the applications were barred by the <br /> provisions of C . 40A from reapplying with respect <br /> to the same plan within 2 years ; <br /> b) insofar as the plans submitted to the Board of <br /> Appeals were revised plans and different than those <br /> on appeal to this Court in Civil Action No. 87-593, <br /> the application must be governed by the zoning by- <br /> law currently in effect and with which the <br /> application does not comply; <br /> c) The applicant proposes an accessory use in the <br /> absence of any primary use , in derogation of the <br /> provisions of the Mashpee Zoning By-law; and <br /> d) The applicant failed to meet his burden of proof <br /> before the Board of Appeals, on the matters which <br /> ILLIAM C. HENCHY <br /> ATTORNEY AT LAW require findings by the Board of Appeals prior to <br /> 3166 MAIN STREET <br /> OLD KING'S HIGHWAY the granting of a Special Permit . <br /> P.O.BOX 946 <br /> RNSTABLE.MA 02630 <br /> 16171362.9690 14. The Plaintiff is aggrieved by the decision of the Board <br /> of Appeals. <br />