09/24/1997 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Andrew Lipnosky- V-97-57 2. Attorney Kevin Kirrane represented the applicant and reviewed plans for the division of thirteen acres of land fronting on Pimlico Pond Road and John Ewer Road into an A.N.R. plan of six lots which would have access from John Ewer Road. He explained that the parcel was created by a Land Court plan in 1944 and that John Ewer Road is an unimproved gravel roadway which has existed for more than ninety(90)years. The parcel also contains an old burial site,which the Applicant will segregate and to which access will be provided. Comments were received from abutters and neighbors on the traffic and safety of John Ewer Road. Comments were received from the Fire Department requesting that the Road be paved to provide hard surfacing from either Pimlico Pond Road or from the Sandwich side. Attorney Kirrane agreed to the request for paving. The Board was advised by the Department of Public Works that the Town will provide snow removal for residences built on John Ewer Road. FINDINGS GENERAL 1. the parcel consists of more than thirteen acres of land and fronts on both John Ewer Road and Pimlico Pond Road. 2. the parcel was created by a Land Court Plan dated April 25, 1944, prior to the adoption of zoning and the subdivision control law by the Town of Mashpee. 3. the parcel is situated in an R-5 zoning district which requires a minimum lot size of 80,000 square feet and 150 feet of frontage. All of the proposed lots meet the minimum acreage requirement and have adequate frontage albeit some on the unimproved way, John Ewer Road. Variance Criteria: Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the by-laws would involve hardship.