07/26/1995 ZONING BOARD OF APPEALS Minutes

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• • 0 Board of Appeals Minutes - July 26, 1995 Donna Bochanowski - Requests a Variance from Section 174-32 of the Zoning By-laws to allow the construction of a single family home on an unpaved road in an R-5 zoning district on property located at 19 John Ewer Road (Map 2, Block 132) Mashpee, MA. Members sitting: E. Govoni, K. Marsters, R. Nelson Mr. Govoni read a letter from the Fire Chief requesting a sprinkler system and from Felix Bossard, an abutter, opposed to the Variance. Alec Watt, an abutter, stated that Mr. Regan was the agent on abutting property and suggested he recuse himself. Mr. Regan said he had told the Chairman that he would step down on this hearing. Attorney Kevin Kirrane represented the applicant. and explained that John Ewer Road is a public way which has been open to public use and appears in a 1907 atlas. It was known as Falmouth -Barnstable Road. He explained that the dwellings on the abutting parcels are located 225 and 287 feet from Pimlico Pond Road at a distance in excess of that planned for the subject lot. He also referred to other dirt roads in Mashpee where variances had been granted. He informed the Board that the lot was created by an Approval Not Required plan and offered a copy of the 1991 Agreement for Judgment between the Town and the applicant's attorney that it is a valid plan and that the lots have been held in separate ownership since 1986. He said the lots conformed to zoning at the time they were formed in 1985. He said the sole issue is whether emergency vehicles can use the road and submitted a letter from former Fire Chief Hartin which stated that the Fire Dept. used this road for access to Peter's Pond to refill tank trucks. Mr. Govoni noted that he had discussed the land with the Director of Public Works who said that the DPW would plow the road but not maintain it. He questioned who would maintain the road. Mr. Kirrane said a decision could be conditioned to have trimming of trees for emergency vehicles. He said anyone who abuts the roadway has the right to travel the road. Mr. Govoni asked for location of house on the lot and Mr. Kirrane explained that the topography of the lot required placement near the rear. Mr. Nelson asked if the road was an ancient way. Mr. Kirrane said it may have been a county way and shows on land court plans and showed photographs of the road. Alec Watt, a direct abutter, noted the reference to his home being 225 feet from Pimlico Pond Road and said that it was built before the by-law. He stated that he beheved the applicant had lost her protection of a non -conforming lot after five years. He cited 174-12 of the by-laws requiring frontage on a street. He said the Planning Board has never approved the road. Mr. Govoni asked if the road was used and Mr. Watt said it is traveled. Mr. Watt noted that there was a telephone pole located in the center of the road.