Moreover, YSI may have added " individually" in the caption to clarify that Oates is not being sued as a City official. This Court acknowledges but disagrees with the decision in Three-A Sac Self Storage, LP v. DeCarolis, 2008 Mass.Super. LEXIS 94 at *5-7 (Lemire, J.) (dismissing under § 59H a defendant named as an interested party in G.L. c. 40A, § 17 appeal). II. RULE 12(b)(6) MOTION TO DISMISS