06/22/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Melinda Bradley 3 Board of Appeals (10 Cranberry Lane) V-05-76 1 GENERAL FINDINGS 1. that the subject property is located at 10 Cranberry Land and contains 13,000 square feet (plus 7,000 of nitrogen credit area) SPECIFIC FINDINGS The Board determined that: 1. the circumstances relating to the unusual shape and sloping topography affect the subject property and not the district in which it is located; therefore, a literal enforcement of the By-laws would involve hardship to the Petitioner. 2. the subject property is impacted by wetlands; therefore, without relief the property could not be used for a residence,the purpose for which it had been laid out and for which the balance of the undersized parcels in the subdivision were being used. 3. installation of a new septic system is an improvement to the subject property; therefore, relief may be granted without detriment to the public good. 4. the property has been maintained as a separate buildable lot on the Assessor's Records and is subject to betterments from the Water District; therefore, 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. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on June 22, 2005 to grant a 44' variance to the cranberry bogs. This variance is conditioned on approval from the Board of Health for verification of the nitrogen credit area for the second bedroom and plans from Cape & Islands Engineering, dated May 10, 2005, file 176MA, as prepared for Melinda Bradley, 10 Cranberry Lane.