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and Lot 17A/Parcel 5 on the Town Assessors Map ("the Property"). <br />• Defendants Anthony Shuman and Dorothy Kagan were the applicants for <br />the zoning relief for the Property challenged in this action. <br />GENERAL ALLEGATIONS <br />5. In or about Spring, 2003, defendants Anthony Shuman and <br />Dorothy Kagan, as the owner of the Property, were advised by the <br />Town of Mashpee Building Department that they would not be <br />permitted to divide the Property into two builable lots without <br />variances from the Mashpee Zoning Board of Appeals. The Property <br />consists of two prior non -conforming lots that were deemed combined <br />due to common ownership after the 1987 amendment to the Bylaws <br />• <br />rendered them non -conforming, and the prior lots were now lacking <br />in adequate space, frontage and access to a paved road to be <br />buildable under the current Zoning Bylaw. <br />6. In or about Spring, 2003, defendants Anthony Shuman and <br />Dorothy Kagan filed an application/appeal to the defendant Mashpee <br />Zoning Board of Appeals, requesting the necessary variances from <br />the applicable provisions of the Mashpee Zoning Code so as to <br />permit them to divide the Property into tlo buildable non- <br />conforming lots. <br />7. On June 11, 2003, the defendant Board of Appeals conducted <br />a public hearing at which time it considered defendant Anthony <br />Shuman and Dorothy Kagan's application/appeal and request for <br />variances. <br />8. The plaintiff appeared at the public <br />with other neighbors, opposed the granting of <br />0 -3- <br />hearing and, along <br />the zoning relief <br />