12/12/2012 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MINUTES DECEMBER 12, 2012 • Harbormaster approval. 0 • Waterways Commission approval. • Compliance with Cape & Islands Engineering plan entitled Proposed Pier, Ramp & Float Located in Mashpee, Mass. Prepared for Kathleen Impey: Date: Oct.12,2012. Revised Oct.17,2012; Nov.1,2012; Nov.3,2012; Nov.9,2012. Mr. Blaisdell seconded the motion. Votes: Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Mr. Dorsey, yes. Mr. DeBarros, yes. Vote was unanimous. Vernon J. and Sharon L. Carloni: Request 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. Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, and Ronald S. Bonvie, and Associate Members John M. Dorsey and Domingo K. DeBarros. Mr. Wayne K. Carloni, 72 Pimlico Pond Road, represented the Petition for his brother and sister-in-law. 70 Pimlico Pond Road consists of 11,216 square feet with an assessed value of $86,300. Mr. Carloni asked the Board for Variance relief from the lot size and frontage requirements. He said that his parents, Virgil and Muriel, • purchased the three distinct parcels at 70, 72, and 76 Pimlico Pond Road in 1977. The parcels were under separate ownership; one parcel contained his parents' cottage and the other two parcels remain undeveloped. In 2005, ownership of the house and parcel at 72 Pimlico Pond Road was transferred to Wayne. His brother, Vernon, received the parcel at 70 Pimlico Pond in 2007. Before his death in 2011, Virgil Carloni was 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. Carloni submitted extra copies of maps and site plans to the Board and said that 70, 72, and 76 Pimlico Pond Road are the same size as the lots across the street and elsewhere in the subdivision. These lots were created prior to adoption of the Zoning By-laws. Mr: Carloni said that the family was unaware of the Zoning changes that made the parcels non -conforming. Board of Health memo: The Board of Health has no comments for the requested variance relief. This parcel is within Conservation Commission jurisdiction. Any ground disturbance will require Conservation Commission permitting. Building Commissioner Richard Morgan expressed concern with the lot's narrow frontage. Mr. Furbush agreed, but added that the Board is not creating a new non- conforming lot. He said that the lot was created years ago and has been taxed as distinct, separate, and buildable. According to the plans, Mr. Dorsey said that it appears that the lot exists unchanged since 1961. The Board discussed the idea of • restricting development of the lot within a building envelope. 3