08/22/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES • AUGUST 22, 2012 My prayers were answered a month ago when a couple wanted to purchase the land and build their retirement home on 24 Cranberry Lane. As I have been told, the Town changed the land space requirements for buildable lots. This has led me to respectf illy request a Variance from this Board to restore this property to its status as a buildable lot for this couple. I have been hopeful, given my observation of Variances that have been granted in the immediate neighborhood; i.e.: the two homes that were built at 15 and 21 Cranberry Lane right after I purchased 24 Cranberry Lane; and then, Melinda Bradley was granted a Variance to re -design three or four lots in Santuit Pond Estates on Cranberry Lane to construct homes, including a home that will be built in close proximity to the bog. I am also open to the possibility of selling this parcel of land for the full tax value of $126,200 to. the 'Town of Mashpee to be maintained as Conservation land by the Town and to serve as public access to the bog. Your review and attention to this Variance request is most graciously appreciated. The couple interested in purchasing 24 Cranberry Lane would like to present their building plans to you at this time. Thank you, again, for your sincere review in this matter. Mr. Furbush asked if both lots were purchased separately. Ms. Holmes -McDevitt said that she purchased 30 Cranberry Lane in 1974, got marred in 1989, and built a home on the parcel in 1996. She said that she and her husband purchased the lot at 24 Cranberry Lane in 1998. She has been paying taxes on 24 Cranberry Lane as a separate and buildable lot for over 14 years. Ms. Holmes-McDevitt's name is on the deed for 30 Cranberry Lane and both she and her husband are named on the deed for 24 Cranberry Lane. Mr. Bonvie said that it appears that as part of the divorce settlement, the judge decreed both parcels of land to Ms. Holmes -McDevitt; therefore, merging the lots. Mr. Morgan said that even before the divorce decree, he considers the lots to have been merged because Ms. Holmes-McDevitt's name was on both deeds. She said that she does not consider the lots to have been merged because she pays taxes on both lots as separate and buildable. Mr. Morgan said that the Petitioner could have put one of the lots in a different name and this would not be an issue. Mr. Reiffarth said that if there are two separate deeds, there are two separate lots; especially in light of the fact that Mr. McDevitt's name only appears on one deed. Gary and Kimberly Ridenour of Franklin, MA, the prospective buyers of the subject property attended the meeting. The Board allowed Mr. Ridenour to discuss his proposal • to build a home on the subject property. The Board asked if he would be seeking Variances from the lot coverage and setback requirements. Mr. Bonvie suggested that Mr. Ridenour submit a plan for the Board to review. Mr. Ridenour said that he wants 5