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9. Defendant James Dorgan("Dorgan") is a member of the Board and resides at 12 <br /> Belfast Lane, Mashpee, Barnstable County, Massachusetts. <br /> i <br /> III. FACTS <br /> 10. On or about August 8, 2001, Taylor applied to the Board for relief from certain of <br /> the Zoning By-Laws of the Town of Mashpee, Massachusetts (`By-Laws") with regard to the <br /> Taylor Property. <br /> : <br /> 11. On or about October 1, 2001, the Board issued a decision granting a Special <br /> II , <br /> i <br /> Permit to Taylor under Section 174-20 of the By-Laws ("Decision For Special Permit"). Among !' <br /> other things,the Special Permit purportedly allows Taylor to demolish and remove an existing <br /> dwelling located on the Taylor Property. A certified copy of the Decision For Special Permit is <br /> attached hereto as Exhibit A. <br /> ! II <br /> 12. The grant of the Special Permit exceeded the authority of the Board and was �' l <br /> based upon inadequate legal and factual grounds. Among other things,the pertinent section of <br /> the By-Laws under which Taylor sought the Special Permit provides that such special permits <br /> may be granted only to re-build structures which are destroyed or damaged by fire, flood, <br /> lightning or other natural or unintentional acts. However,the Special permit granted to Taylor ! <br /> it <br /> purportedly allows her to intentionally destroy the existing dwelling on the Taylor Property. <br /> 13. On or about October 1, 2001,the Board also issued a decision granting a Variance !' <br /> to Taylor("Decision For Variance"). Among other things,the Variance allows Taylor to build a <br /> I III I,, <br /> new dwelling on the Taylor Property which, inter alia, exceeds the By-Law zoning requirements <br /> for side,front, setback and lot coverage. A certified copy of the Decision For Variance is <br /> attached hereto as Exhibit B. <br /> I <br /> 3 <br /> f <br />