12/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Vernon J. and Sharon L. Carloni 70 Pimlico Pond Road Mashpee, MA 02649 V-2012-62 Associate Member John M. Dorsey said that, according to the plans, it appears that the lot exists unchanged since 1961. The Board agreed that the lot was created years ago and has been taxed as distinct, separate, and buildable. The Board discussed the idea of restricting development of the lot within a building envelope. George and Lenore Travis, abutters at 66 Pimlico Pond Road, sent an email on December 11, 2012 to the ZBA office objecting to grant of Variance relief to allow for development of the parcel. Ms. Nancy Goulart, abutter at 58 Pimlico Pond, stated that her opinion is that the parcel is quite small. GENERAL FINDINGS: The subject property is located at 70 Pimlico Pond Road and consists of 11, 216 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 unique circumstances relating to soil conditions, the sloping topography and the unusual shape of the lot, which especially affect such land or structure, but do not affect generally the zoning district in which it is located. 2. Because the parcel is comparable in size to other developed parcels across the street and in the neighborhood and because the parcel has been taxed as separate and buildable by the Assessing Department, 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. 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 4:1, with four Members in favor and one Member not in favor, to grant the following: • A Variance of 68,784 square feet from the lot size requirements. • A Variance of 75 feet from the frontage requirements. This Decision is conditioned upon the following: • Because the ZBA will not grant further Variance relief, development of the parcel shall remain in compliance with front setback requirements of 40 feet, side and rear setback requirements of 25 feet, and shall not exceed 20%lot coverage. • Compliance with Eastbound Land Surveying, Inc. plan entitled: Certified Plot Plan, Carloni Residence, 72 Pimlico Pond Road,Mashpee, MA. Date: 11-30-12. • As this parcel is within Conservation Commission jurisdiction, any ground disturbance will require Conservation Commission permitting. • Board of Health approval. 2