02/22/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Robin Mastandrea 188 and 194 Pimlico Pond Road Mashpee, MA 02649 V-2012-5 General Findings: The property located at 188 Pimlico Pond Road consists of 2.606 acres of land. The property located at 194 Pimlico Pond Road consists of 1.947 acres of land. Variance Criteria/Specific Findings: 1. The Board determined that a literal enforcement of the provisions of the By-law would involve substantial hardship, financial or otherwise, to the Petitioner due to the following: • unique circumstances relating to soil conditions owing to the impact of wetlands on the property and the unusual, irregular, long, narrow shape of the property located at 188 Pimlico Pond Road especially affect such land or structure,but do not affect generally the zoning district in which it is located. 2. The Board determined that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or By-law due to the following: • the property located at 194 Pimlico Pond Road meets all the setback, frontage and lot size requirements. • except for frontage, the property located at 188 Pimlico Pond Road meets all the setback and lot size requirements. • the properties located at 188 Pimlico Pond Road and 194 Pimlico Pond Road were created by a subdivision plan approved by the Planning Board on August 18, 1999. • the subdivision plan was recorded at the Barnstable County Registry of Deeds in 1999. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Variance. Upon motion duly made and seconded at the Public Hearings on February 22, 2012, the Zoning Board of Appeals voted unanimously: • to grant a Variance of 21.31 feet from the frontage requirements on property located at 188 Pimlico Pond Road. • to authorize as separately buildable the properties located at 188 Pimlico Pond Road and 194 Pimlico Pond Road. This Decision is conditioned upon compliance with Cape & Islands Engineering: "Subdivision Plan of Land Located in Mashpee — Mass. Prepared for Robert T. Cardillo Date: June 14, 1999." If the rights authorized by this Variance are not exercised within one year of date of grant of such Variance, such rights shall lapse unless: (1) substantial use or construction has commenced, or (2) a Petition for a six-month extension has been filed prior to the expiration date, or (3) the property that is the subject of the Variance has been conveyed in reliance on said Variance prior to the expiration of such one year period. 2