9/23/1998 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - September 23, 1998 3 Mr. Govoni questioned whether the applicant needs to improve the condition of the unpaved road to allow access for fire apparatus. Mr. Landers-Cauley stated that due to Conservation Commission concerns, the road cannot be paved. However, the applicant does intend to upgrade and grade the road. Mr. Govoni stated that he will provide dimensions of the road as a condition to grant the variance. Mr. Eastwood stated that the the easement in the deed allows him to bring in utilities and maintain and upgrade the road in order to ensure access. Letters from an abutter and a neighbor indicated support of Mr. Eastwood's proposed construction. Mr. Regan moved to grant the Special Permit with the following conditions: 1. the road be upgraded to minimal standards for access for fire apparatus and safety equipment. 2. the house be constructed farther away from the pond. 3. a Title V septic system be installed. 4. subject to findings 1,2,4,5. j 5. a full set of plans with dimensions of the proposed construction be submitted. Mr. Nelson seconded. All agreed. Robert T. Cardillo -Requests a Variance from Section 174-31 of the Zoning By-laws for permission to divide an existing lot into two buildable lots on property located in an R-5 zoning district at 194 Pimlico Pond Road (Map 2 Block 11) Mashpee, MA. i, Members sitting: Edward M. Govoni, James E. Regan III and Robert G. Nelson. John Slavinsky of Cape& Islands Engineering represented the applicant and submitted the Cardillo's deed dated July 18, 1980. The Cardillos thought they were buying two lots, However, the two lots extended across Pimlico Pond Road which the Cardillos did not buy, thereby converting the two lots into one. In addition to that, a plan was recorded on the same morning as the deed was recorded, changing the lots into one lot. In 1985, the E' lot abutting the Cardillos property was allowed to be divided into two buildable lots. ii A letter from an abutter, Ms. Mind Joseph, in opposition to the project was read. A resident, Donna McCaffery, expressed concern with the applicant's proposal, She said all the lots in the area are two acres and to grant the variance to everyone who wants to subdivide would be a mistake. She expressed concern about the nitrate levels in the Mashpee River. Mrs. Cardillo and her daughter stated that the land and the house have been owned by the family for 18 years and are going into a trust. Neither can be sold without consent of all the trustees. The daughter plans to construct a home that will be situated closer to the street and away from the water, t