1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

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Board of Appeals Minutes - February 14, 1990 Page 2. Thompson (cont.) • Mr. Fitch said that an agreement was reached between the Planning Board, the Department of Public Works and Mr. Thompson whereby the road was to be realigned to remove the dangerous curve near the Cove Road intersection. The Planning Board approved a proposed preliminary plan on June 17, 1987 subject to the realignment. The plan called for the same yield in number of lots and it was agreed that Mr. Thompson would do the engineering, including road profiles, and the design for the correction of the curve and would then sign a deed over to the Town for $1. Mr. Virgilio, using money that he believed was available from another project, was to actually do the work. The Town would then petition the County to abandon the old section of Pimlico Pond Road that would revertto the lots on either side of the road owned by Mr. Thompson. Mr. Fitch explained that it took much time to reach all of the agreements. When the Thompsons finally submitted the definitive plan they discovered that the zoning had changed from 60,000 sf to 80,000 sf minimum lot size. He stated that the Planning Board was powerless to do anything and had no choice but to deny the plan with apologies. Mr. Fitch then consulted with Town Counsel and other Town Boards and was seeking relief from the Board of Appeals. He considered that he had a strong endorsement from most of the people involved with the • issue. He stated that he believed the site qualifies for relief and that topographic conditions unlike that generally found in the district result in a hardship. His client is willing to provide all of the engineering and deed over the section of the new road to correct the curve. Mr. Makunas asked for comments from those in attendance. Harriet Haywood, an abutter, expressed concern about the ecology of the land. She said that the zoning changes were made for sound reasons since the land is in the vicinity of two ponds. She discussed the problems of water quality on the Cape. Dorothy McCaffrey, another abutter, asked why the plan was not filed before the change in zoning. She said that when the questions on improvement to Pimlico Pond Road came to Town Meeting it was understood that nothing would be given up to have the road changed. Mr. Makunas asked Ms. McCaffrey to review the plan. Mr. McCaffrey asked how many lots would be allowed with the 80,000 sf zoning. Mr. Makunas replied that there was never a subdivision plan for that. Mr. Fitch said there would be a difference of 4 lots if the plans had been filed under the new zoning.