06/22/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 2 June 22, begin with, the State determined that the proposedsed dock would be within 50 feet of shellfish. Once the State Division of Marine Fisheries become involved it was determined that they basically will not give their blessing EVER. Mr. York got involved and asked them what they could do to at least make you neutral. It was suggested that float stops be installed to keep the float from bottoming out. Although the State does not support it — they will not go against it at this point. Mr. Brem mentions that this property is vacant at the moment ant they normally the ZBA only gives out the dock permits when there is a house on the property. Mr. Nelson mentions that they can condition this on the commencement of substantial construction on the house and/or obtaining a building permit which they have done before. Marshall Brem moves to grant the special permit. Zella Elizenberry seconds the motion. All agree.So moved. Permit is conditioned on Plans from Cape & Islands Engineering, file 165MA, dated November 3, 2004. Permit is also conditioned on substantial commencement of building on the lot at 333 Simons Narrows Road. Melinda Bradlev: Requests a Variance from Section 174-34 of the Zoning By-laws to seek relief from the 150' requirement to a cranberry bog in order to build a new dwelling on property located in an R-3 zoning district at 10 Cranberry Lane (Map 23 Parcel 21) Mashpee, MA. John Slavinsky of Cape & Islands Engineering, represents the applicant at this hearing. They are seeking a variance from the cranberry bogs to build a new house. Last year, this matter was brought before the board with an adjacent piece of property at 14 Cranberry Lane for a variance. The Board of Health commented that only one bedroom would be allowed since it was in the Zone II which allows one bedroom per 10,000 square feet of land and the property only contained 13,000 +/-.Mr. Slavinsky took 7,000 square feet of land from the abutting lot that Ms. Bradley's family owns which is referred to as a nitrogen credit area. This matter was deeded over to 10 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