12/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Muriel C. Carloni 76 Pimlico Pond Road Mashpee,MA 02649 V-2012-64 Peter and Patricia Garabedian, abutters at 86 Pimlico Pond Road, sent an email dated December 12, 2012 to the ZBA office "vehemently against the granting of the mentioned Variance" because the undeveloped parcel does not comply with current zoning requirements. No other comments were received from abutters. GENERAL FINDINGS: The subject property is located at 76 Pimlico Pond Road and consists of 57,054 square feet of land. 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: • The unique circumstances relating to soil conditions impacted by the presence of a body of water. • The sloping topography and the unusual shape of the narrow lot 2. The Board determined that these circumstances especially affect such land or structure,but do not affect generally the zoning district in which it is located. 3. 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 parcel is comparable in size to abutting pre-existing, non-conforming parcels, as well as other parcels in the neighborhood, that have been enhanced with dwellings. • The parcel exists unchanged from its creation in 1961 and has been taxed as distinct, separate, and buildable by the Assessing Department. 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 December 12, 2012, the Zoning Board of Appeals voted unanimously to grant the following: • A Variance of 22,946 square feet from the lot size requirements. • A Variance of 40.51 feet from the frontage requirements. This Decision is conditioned upon compliance with the following: • Eastbound Land Surveying, Inc. plan entitled: Certified Plot Plan, Carloni Residence, 72 Pimlico Pond Road, Mashpee, MA. Date: 11-30-12. • Document: 1,180,365 recorded at the Barnstable Land Court Registry on 12-19-2011 entitled: GRANT OF EASEMENT. • Because the ZBA will not grant further Variance relief, development of the parcel shall remain in compliance with setback to water and wetlands; and with front setback requirements of 40; side and rear setback requirements of 25 feet; and shall not exceed 20% lot coverage. • As this parcel is within Conservation Commission jurisdiction, any ground disturbance will require Conservation Commission permitting. • Board of Health approval.