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/1UN;y <br /> Town of Allashpee <br /> 1�� Cyr caf rock Iloact Al artli <br /> �F Allask h ee>l 1lassactuusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-2012-64 <br /> Muriel C. Carloni Certificate of Title: 70135 <br /> 76 Pimlico Pond Road Land Court Lot#8 <br /> Map 3 Parcel 20 Plan#12102-C <br /> Mashpee, MA 02649 <br /> A Petition was filed on November 14, 2012 by Muriel C. Carloni requesting a <br /> Variance from §174-31 of the Zoning By-laws to vary the lot size and frontage <br /> requirements to allow as buildable a parcel of land located in an R-5 zoning district at 76 <br /> Pimlico Pond Road (Map 3 Parcel 20) Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a <br /> newspaper of general circulation in the Town of Mashpee, on November 23, and <br /> November 30, 2012, a copy of which is attached hereto and made a part hereof. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on <br /> December 12, 2012. The following members of the Board were present and acting <br /> " throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, and Ronald S. <br /> Bonvie, and Associate Members John M. Dorsey and Domingo K. DeBarros. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee <br /> Zoning By-laws. <br /> Mr. Wayne K. Carloni represented the Petition for his mother, Muriel. His <br /> parents, Virgil and Muriel, purchased three separate parcels at 70 Pimlico Pond Road, 72 <br /> Pimlico Pond Road, and 76 Pimlico Pond Road over 35 years ago. The parcels have <br /> remained under separate ownership. In 2005, ownership of the house and parcel at 72 <br /> Pimlico Pond Road was deeded to Wayne. His brother, Vernon, received the parcel at 70 <br /> Pimlico Pond in 2007. Before his death in 2011, Virgil Carloni was the primary <br /> caregiver for his wife, Muriel. Virgil's last wish was that 76 Pimlico Pond Road should <br /> be sold to assist in paying for Muriel's long-time care in a nursing facility. Mr. Carloni <br /> said that the parcel at 76 Pimlico Pond Road was created prior to adoption of the Zoning <br /> By-laws and the family was unaware of the Zoning changes that made the parcel non- <br /> conforming. He asked the Board for Variance relief from the lot size and frontage <br /> requirements to allow for development of the parcel. The assessed value of the parcel is <br /> $341,000. <br /> After reviewing a copy of the driveway easement, Building Commissioner <br /> Richard E. Morgan cautioned Mr. Carloni to contain anything he does on his own <br /> property at 72 Pimlico Pond Road and to ensure that no water is cast off onto the abutting <br /> parcel at 76 Pimlico Pond Road. <br />