1990 JAN-JUN-ZBA APPEALS (2) - Laserfiche WebLink

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BOARD OF APPEALS Phyllis P. Thompson V-90-01-13 2. There was general discussion with Mr. Fitch regarding the dangerous curve on Pimlico Pond Road. Mr. Thompson's land encompasses both sides of the dangerous U-curve and he agreed that the road would be re-engineered by his engineer to remove the curue entirely. Opposition was received from abutters and neighbors. Mr. Anthony E. -Ferragamo, in his capacity as Chairman of the Planning Board, informed the Board that the Planning Board was in favor of the Variance request from a planning and public safety aspect. He explained that the Thompson's had worked with a number of Town agencies to resolve the Planning Board concerns that that there would be an overwhelming benefit to public safety with the improvement of Pimlico Pond Road. The Board determined: 1. that the topography of the land especially affects the land in question but does not affect generally the zoning district in which the land is located. The road, with the dangerous U-curve, is a unique structure on the land which does not affect generally the zoning district in which the structure is located. 2. that due to these circumstances especially affecting the land and the structure, a literal enforcement of the provisions of the zoning by-laws would involve substantial hardship to the Petitioner. 3. that desireable relief may be granted without nullifying or substantially derogating from the intent or purpose of the zoning by-laws. 4. that desireable relief may be granted without substantial detriment to the public good.