12/12/2001 ZONING BOARD OF APPEALS Decisions

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i C. desirable relief may be granted without substantial determent to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or By-Law. 9. The lot for which the Defendant, Jeannette J. Lazarovich, sought relief is an undersized lot and does not come within any of the grandfather provisions of M.G.L. ch. 40A. 10. The undersized lot for which the Defendant, Jeannette J. Lazarovich, seeks relief was held in common ownership with adjoining land and therefore the grandfather protection of Chapter 40A, sec. 6, par. 4, first sentence, is not applicable to the subject premises. 11. The lot for which the Defendant, Jeannette L. Lazarovich, seeks relief was used in ; conjunction with adjoining land and in fact had a structure a garage, erected on a portion of it. Such lot should be considered as merged with the adjoining land. 12. The Defendant, Jeannette J. Lazarovich, was not entitled to the grant of a variance, nor y was she entitled to a determination that such lot was buildable. 'I i WHEREFORE, the Plaintiff requests that this Court: 1. Annul the January 17, 2002 Decision of the Mashpee Zoning Board approving the F? Application for Variance submitted by the Defendant, Jeannette J. Lazarovich on the grounds that the Decision exceeds the authority of the Board. 2. Issue such further orders and judgments as the Court deems just. Plaintiff, �I By attorney, err II l Dated: February 6, 2002. J hn L. Kowalski BBO# 567362 Clark,Balboni &Gildea 126 Belmont Street Brockton, MA 02301 Tel. 508-586-1411 i qa IIS I i II �II i 3