12/12/2012 ZONING BOARD OF APPEALS Minutes

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ic:iui+vey. Town of`1Y.1aslipee 16 Gr•cat J%ck Poad JAor•th .Mashpee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2012-62 Vernon J. and Sharon L. Carloni Certificate of Title: 182361 70 Pimlico Pond Road Land Court Lot#7 Map 3 Parcel 18 Plan#12102-C Mashpee, MA 02649 A Petition was filed on November 14, 2012 by Vernon J. and Sharon L. Carloni requesting a Variance from §174-31 of the Zoning By-laws to vary the lot size and frontage requirements to allow as buildable a parcel of land located in an R-5 zoning district at 70 Pimlico Pond Road (Map 3 Parcel 18) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on November 23, and November 30, 2012, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on December 12, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, and Ronald S. Bonvie, and Associate Members John M. Dorsey and Domingo K. DeBarros. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Mr. Wayne K. Carloni represented the Petition for his brother and sister-in-law, Vernon and Sharon Carloni. His parents, Virgil and Muriel, purchased three separate parcels at 70 Pimlico Pond Road, 72 Pimlico Pond Road, and 76 Pimlico Pond Road over 35 years ago. The parcels have remained under separate ownership; one parcel contained his parents' cottage and the other two parcels were undeveloped. In 2005, ownership of the house and parcel at 72 Pimlico Pond Road was deeded to Wayne. His brother, Vernon, received the parcel at 70 Pimlico Pond in 2007. Mr. Carloni submitted extra copies of maps and site plans to the Board and said that all of the parcels were created prior to adoption of the Zoning By-laws. The assessed value of the parcel at 70 Pimlico Pond Road is $86,300. Before Virgil Carloni died in 2011, he was the primary caregiver for his wife, Muriel. Virgil's last wish was that 76 Pimlico Pond Road should be sold to assist in paying for Muriel's long-time care in a nursing facility. Mr. Wayne Carloni said that the family was unaware of the Zoning changes that made the parcel non-conforming. He asked the Board for Variance relief from the lot size and frontage requirements to allow for development of the parcel.