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I <br /> i <br /> Board of Appeals for the Town of Mashpee (hereinafter <br /> are all members of the Zoning pp P <br /> '"the Board") and each is a defendant in his official capacity of the Board and not <br /> otherwise in an individual capacity. ' <br /> Ij <br /> 4, On November 1, 2001, an Application for Variance was made to the Board on behalf of <br /> �I <br /> the Defendant, Jeannette I Lazarovich seeking the following: <br /> A variance from the lot size requirements as required in Section 174-31 of the <br /> a. <br /> Zoning By-Laws; <br /> hat the ro ert located in an R-5 Zoning District at 11 <br /> b. A determination t p p y <br /> Pondview Ave., Mashpee, Massachusetts(Map 58, Parcel 79) was a separate and <br /> i <br /> buildable lot. <br /> j II <br /> A copy of said Application is hereto attached marked "A." � <br /> 5. The Board held public hearings relative to said Application on December 12 2001 and <br /> January 9, 2002. <br /> III <br /> 6. The Board issued and filed its Decision on January 17, 2002. A copy of such Decision is <br /> attached hereto and marked`B." <br /> I <br /> 7. The Decision of the Board exceeds the authority of the Board. <br /> 8. The Defendant, Jeannette J. Lazarovich, did not make, and cannot make a showing that: <br /> i <br /> a. There were circumstances relating to the soil conditions, shape or topography of <br /> such land or structures and especially effecting such land or structures but not <br /> effecting generally the zoning district in which it is located; <br /> b. a literal enforcement of the provisions of the ordinance or By-Law would involve <br /> substantial hardship, financial or otherwise, to the petitioner; and <br /> C. desirable relief may be granted without substantial determent to the public good <br /> and without nullifying or substantially derogating from the intent or purpose of <br /> such ordinance or By-Law. <br /> 9 The Board did not find, and could not find: <br /> a. There were circumstances relating to the soil conditions, shape or topography of <br /> such land or structures and especially effecting such land or structures but not <br /> effecting generally the zoning district in which it is located; <br /> b. a literal enforcement of the provisions of the ordinance or By-Law would involve <br /> rY <br /> substantial hardship, financial or otherwise, to the petitioner; and <br /> 2 <br /> , I <br />