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i <br /> I. BACKGROUND' <br /> 1. The Plaintiff Sandra E. Martig, f/k/a Sandra E. Burroughs, is an individual who ! r, <br /> owns and resides at the property located at 21 Shorewood Drive, Mashpee, Barnstable County, <br /> I <br /> Commonwealth of Massachusetts. <br /> 2. The Defendant, Jeanette J. Lazarovich, is an individual who resides at 45j <br /> i <br /> Shorewood Drive, Mashpee, Barnstable County, Commonwealth of Massachusetts. <br /> 3. Ms. Lazarovich is the owner of two parcels of land located within Mashpee, <br /> Massachusetts set forth on Mashpee Town Ma No. 58 <br /> P p , Parcels 79 and 80. ,. <br /> 4. The Defendants, Robert G. Nelson, Frederick R. Borgeson, Marshall A. Brem, <br /> I <br /> Edward L. Govoni, James Regan, Zella Elizenberry, James Dorgan and Richard Guerrera are <br /> members of the Town of Mashpee Zoning Board of Appeals, (hereinafter"the Board"). <br /> ) <br /> } <br /> 5. On November 1, 2001, an application for variance was made to the Board on f< <br /> behalf of Ms. Lazarovich seeking the following: <br /> a. A variance from the lot size requirements as required in Section 174-31 of <br /> the Town of g Mashpee Zoning By-laws; <br /> P Y <br /> b. A determination that the property located in an R-5 zoning district at 11 �I <br /> Pond View Avenue, Mashpee, Massachusetts, (Map 58, Parcel 79)was a <br /> separate and buildable lot. <br /> 6. The Board held public hearings relative to said application on December 12, 2001 <br /> I <br /> and January 9, 2002. <br /> r p, <br /> 7. On January 9, 2002 the Board voted unanimously to grant the requested <br /> 1 The facts in this section are drawn from the Statement of Material Undisputed Facts <br /> Pursuant to Superior Court Rule 9A(b)(5). As required under the Summary Judgment <br /> Procedure, the undisputed facts must be interpreted in favor of the nonmoving party. <br /> I <br /> I <br />