12/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES DECEMBER 12, 2012 • Mr. Blaisdell made a motion to approve the following Variance relief: • 37,051 square feet from the lot size requirements. • 125.51 feet from the frontage requirements. Findings: soil conditions impacted by presence of body of water, sloping topography, unusual and narrow shape of the lot. This 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 entitled: GRANT OF EASEMENT and recorded at the Barnstable Land Court Registry on 12-19-2011. Mr. Furbush seconded the motion. Votes: Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Mr. Dorsey, yes. Mr. DeBarros, yes. Vote was unanimous. Muriel C. Carloni: Requests 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 76 Pimlico Pond Road (Map 3 Parcel 20) 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 represented the Petition for his mother and asked the Board for Variance relief from the lot size and frontage requirements. He reiterated his history of the parcels at 70, 72 and 76 Pimlico Pond Road and the driveway easement. 76 Pimlico Pond Road consists of 57,054 square feet with an assessed value of $341,900. 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. Mr. and Mrs. Peter Garabedian, abutters at 86 Pimlico Pond Road sent an email "vehemently against the granting of the mentioned Variance for Muriel C. Carloni at 76 Pimlico Pond Road" because the undeveloped lot "does not meet the town's ZBA regulations and it falls in fragile environmental area bordering Wakeby Pond." The Board discussed the Petition at length. Mr. Furbush noted that the Garabedian's developed lot appears comparable in size to the property at 76 Pimlico Pond Road. Mr. Blaisdell made a motion to approve the following Variance relief: • 22,946 square feet from the lot size requirements. • 40.51 feet from the frontage requirements. . Findings: soil conditions impacted by presence of body of water, unusual and narrow shape of the lot. This is conditioned upon compliance with the following: 5