02/09/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Melinda Bradley 2 Board of Appeals The Gump Trust (14 Cranberry Lane) V-05-25 mentions that most of these people all have their 4 bedroom houses built where they wanted them because this was not an issue 10 years ago. He also mentions that lot 44 has over 46,000 square feet, larger than any of the lots in that area. Mr. Cronin mentions that if they have that inuch land why cant they move it back? Mr. Slavinsky says that putting a septic system uphill which is called breakout, is not advisable, and since he believes that his client owns the cranberry bogs, she should be able to build her house where she wants it. Ms. Holmes addresses the board with her digital camera to show that she walks her dogs and has grown up over there and gets very emotional to think of that being taken away. Mr. Slavinsky also mentions that there is a well on an abutting property that the Board of Health is requiring them to stay 150 feet from the leaching facility. The Board asks what conservation said about this property. Mr. Slavinsky tells them that they are quite happy with where it is because it is a grassy area and no trees need to be taken down. Additionally, Mr. Slavinsky informs the Board that this lot was created in 1986 and the acreage was put together as such to make it a better buildable lot when the owner was ready to do so. Mr. Guerrera feels they could move the house back and make everyone happy. After much discussion between all parties, Mr.Nelson makes a motion to grant the 93' variance on lot 44. Frederick Borgeson seconds the motion. Zella Elizenberry votes yes. Evano Cunha votes yes. Jonathan Furbush votes yes. Richard Guerrera abstains from voting. 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.