9/24/1997 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - September 24, 1997 3. An Lew Lipnosk�-Requests a Variance from Section 174-12 of the Zoning By-laws for permission to create four lots on an unimproved way and a Variance from Section 174-32 Of the Zoning By-laws for permission to build six residential structures on six lots having access from an unpaved road. The properties are located in an R-5 zoning district at 117 and 100 Pimlico Pond Road (Map 2, Block 126, Map 3, Blocks 22 and 1 A)Mashpee, MA. (Owner of record: Manuel Beckwith). Members sitting: M. Makunas, J. Dorgan, R. Guerrera Mr. Govoni, Mr, Regan and Ms. Hawver stepped down and left the hearing room. Attorney Kevin Kirrane represented the applicant He explained that there were two sections of the By-laws on access to properties. He said John Ewer road is a dirt road open to the public and has been in existence since the early 1900's. He said that the Board had granted variance relief for another lot on the road and at that time the Fire Dept. had said that the road was used to access Peter's Pond. He explained that the plan provides for four lots in excess of 80,000 sfeach on John Ewer Road and two lots which front on Pimlico Pond Road but would have access from John Ewer Road. He said that the two lots on Pimlico Pond Road comply with zoning but they are requesting access to John Ewer Road rather than create two curb cuts on Pimlico Pond Road, He noted that it would be a hardship if 1,000 feet of road be brought up to subdivision standards and that the applicant would agree to maintain the road in passable condition, Mr. Kirrane stated that a burial site exists on one of the lots and he has contacted the state and historical society and the site would be fenced and made accessible. Mr, Dorgan asked Mr. Kirrane if he was aware that the Fire Chief had asked that the variance not be granted, Mr. Kirrane said he did not know but that his client was willing to pave to a width of 20 feet. Mr. Nelson noted that the road was 16 feet wide and Mr. Kirrane said they could create a 20 foot wide road on their lots but would not have control on the first hundred feet. Mr. Nelson asked about the open space on the other side and Mr. Kirrane said this was the reserved open space of a subdivision. He said a buffer zone would have to be established around the burial site and an easement created for access. Mr. Dorgan asked if they would loose frontage on the street and Mr. Kirrane said it was doubtful. Mr. Guerrera asked if they would pave the road to 20 feet and maintain the branch cutting, etc. and Mr. Kirrane agreed that this could be done. ' Mr. Dorgan stated that the new fire department vehicles require all-weather surfaces. t Mr. Nelson questioned the frontage on a public way, Mr. Kirrane replied that this was not r a public way but is a way open to the public and that there is a difference between the road i l