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on January 18, 2001) which renders the Board of Appeal's decision <br /> invalid and without effect. <br /> 25. Plaintiff has only recently observed the commencement of construction of <br /> an addition to the existing dwelling at Petitioner Kenneth Hatcher's <br /> permanent residence, to wit a garage on said Petitioner's property. <br /> i <br /> 26. Plaintiff's appeal and requests herein stated, are neither contrived, <br /> frivolous,based upon speculative injury,nor made to extort personal <br /> advantage rather than protect zoning rights. <br /> 27. The Zoning Board of Appeals of the Town of Mashpee exceeds its <br /> authority by grant of a variance where a jurisdictional defect in notice <br /> ' renders the Zoning Board of Appeal's decision invalid and without effect <br /> pursuant to Massachusetts General Laws, Chapter 40A. <br /> 28. A certified copy of the list of abutters provided to the Board of Appeals <br /> and a certified copy of the decision and findings of fact on this grant of <br /> variance are annexed hereto as Exhibit A and Exhibit B and are made a <br /> part of this complaint. <br /> WHEREFORE, the Plaintiff respectfully requests: <br /> 1 That the decision of the Board be annulled. <br /> 2. That the Court make findings of fact on all issues presented. <br /> 3. That the Petitioner be remanded to the Board for further action consistent <br /> with findings of the Court. <br /> C <br /> li <br />