06/22/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Melinda Bradley 2 Board of Appeals (10 Cranberry Lane) V-05-76 Cranberry Lane for septic purposes only so that they may build a 2 bedroom dwelling. Mr. Slavinsky went on to tell the board that they attemped to place this house in many different areas and due to other restrictions with the Board of Health and Conservation, their only choice was to obtain a variance from the ZBA to the cranberry bogs. They need to maintain 20 feet between the house and the septic system and the well cannot be less than 100 feet from the septic system. Mr. Slavinsky told the board that this by-laws regarding the cranberry bogs was in place in 1988 by the environmental people due to the chemicals in the cranberry bogs. Clean Harbor was hired to clean the cranberry bogs of the offensive chemicals and therefore,this bylaw is really an outdated one. However, this is the reason they need relief from it as it exists now. They discuss the nitrogen credit area as it is a confusing concept. The land will only be used for purposes of leaching so that the additional bedroom can be obtained. An abutter,Vickie Holmes of 30 Cranberry Lane has comments to the Board. She informs the board that she also has a piece of land that she is trying to sell that is less than 20,000 square feet and wants to be sure she can do the same thing with the open space in her area. The board explains that you cant just use any space—all commonly owned land must be authorized by all owners to have this work out. The land that Ms. Bradley is using is owned by her family and therefore only one person needs to allow it to be used. She is still somewhat confused as to how this works out. Mr. Nelson informs the Board that they are only required to look at the by law that is being referred to at the hearing and that this matter is for the board of health to authorize. The Board moves to grant a 44 foot variance to the cranberry bogs. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority must determine that there are circumstances relating to the soil conditions, shape or topography which affect the subject property and not the district in which it is located; that a literal enforcement of the By-laws would involve substantial hardship to the Petitioner; that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law §174-34.Setback from cranberry bogs or meadows. Any habitable building or structure shall be set back at least one hundred fifty (150) feet from any active [within the previous five (5) years] cranberry bog or cranberry meadow.