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i <br /> �I <br /> i� <br /> l� <br /> 3. The Defendants, ROBERT G. NELSON, ZELLA E. ELIZENBERRY, I <br /> MARSHALL A. BREM, are members or alternate members of the <br /> Mashpee Zoning Board of Appeals within the Town of Mashpee, <br /> (hereinafter referred to as "the Board" ) . Their addresses are <br /> as follows : I <br /> i <br /> ROBERT G. NELSON - 27 Tradewind Drive, Mashpee, Massachusetts <br /> I <br /> 02649 <br /> ZELLA E. ELIZENBERRY - 18 Terry Avenue, Mashpee, <br /> Massachusetts 02649 I ' <br /> MARSHALL A. BREM - 21 Harbor Ridge Drive, Mashpee, <br /> Massachusetts 02649 <br /> 4. The Defendant Frederic W. Blythe (hereinafter "the <br /> Applicant" ) on information and belief, resides at and/or <br /> holds title to 228 Wading Place Road, Mashpee, Massachusetts, f <br /> 02649 (hereinafter the "Waterfront Property" ) . <br /> i' <br /> THE FACTS � <br /> iF <br /> 5. On or about April 26 , 2001 , the Applicant, Frederick W. <br /> ' 4 <br /> Blythe, filed a petition for a Special Permit (hereinafter { <br /> "the petition" ) with the Mashpee Zoning Board of Appeals is <br /> under S 174-025. I .9 of Mashpee 's Zoning By-laws, seeking to <br /> build a pier, ramp and float on Popponesset Creek on property <br /> located in a residential, 11R-3" zoning district at 228 Wading <br /> Place Road, Mashpee, the Waterfront Property. <br /> i <br /> 6. The proposed pier would extend into the Popponesset Creek, <br /> r <br /> would be somewhere under 150 square feet in size, and involve 't <br /> installation of a number of floats that would be removed i <br /> seasonally. <br /> 7. This was the Applicant' s third petition to the Board, with a <br /> first petition, filed in 1992, and the second, filed on or <br /> about August 27 , 1997, becoming subject of a suit by an <br /> abutter, Edward R Siegfried and Margo M. Siegfried v. <br /> Blythe, et. al. , Barnstable Superior Court Docket 97-748 , <br /> which was settled by agreement for judgment between the - - <br /> parties on May 15, 2001. In that suit, the Siegfrieds <br /> attempted to appeal a decision of the Board of Appeals <br /> granting of the Applicant 's 1997 petition. <br /> 8. The Plaintiffs in this action, Nancy Caffyn and Myles Frank <br /> McHue, are persons in interest entitled to notice of the <br /> application under G.L.c.40A, §11 , as designated on an <br /> "Abutters List" , attached hereto and incorporated herein in <br /> its entirety, marked as "Exhibit A. " Plaintiff McHue, though ; <br /> 2 <br />