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i I ' <br /> I; <br /> I <br /> 3. Ms. Lazarovich is the owner of two parcels of land located within Mashpee, <br /> Massachusetts set forth on Mashpee Town Map No. 58, Parcels 79 and 80. (Exhibit#1). <br /> 4. Sandra Martig owns an abutting parcel of land (Lot 83 on Exhibit #1) to the <br /> subject parcel (Lot.79 on Exhibit#1). <br /> i <br /> i <br /> 5. The Defendants, Robert G. Nelson, Frederick R. Borgeson, Marshall A. Brem, <br /> Edward L. Govoni, James Regan, Zella Elizenberry, James Dorgan and Richard Guerrera are <br /> i <br /> members of the Town of Mashpee Zoning Board of Appeals, (hereinafter"the Board"). <br /> 6. On November 1, 2001, an application for variance was made to the Board on <br /> behalf of Ms. Lazarovich seeking the following: (Exhibit#2) <br /> i <br /> a. A variance from the lot size requirements as required in Section 174-31 of <br /> the Town of Mashpee Zoning By-laws; <br /> laws <br /> , <br /> Y <br /> b. A determination that the property located in an R-5 zoning district at 11 <br /> Pond View Avenue, Mashpee, Massachusetts, (Map 58, Parcel 79) was a <br /> separate and buildable lot. <br /> 7. <br /> The Board heldublic hearings relative t i <br /> p g o said application on December 12, 2001 <br /> and January 9, 2002. (Exhibit #3). <br /> i <br /> 8. On January 9, 2002 the Board voted unanimously to grant the requested <br /> variance, and determine that the subject property is a separate and buildable lot. (Exhibit#4) v <br /> 9. On or about February 6, 2002, the Plaintiff, Sandra E. Martig, f/k/a Sandra E. ; <br /> Burroughs, filed the subject complaint. <br /> H. STATEMENT OF LEGAL ELEMENTS <br /> 1. The Defendant is entitled to Summa 'Judgment ment as a matter of law as there is no �I vr' <br /> � <br /> genuine issues of material fact in dispute. Kourouvacilis v. General Motors, Corp., <br /> I, <br /> I', I <br />