02/09/2005 ZONING BOARD OF APPEALS Minutes

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sj�'j OWN 16 Great J�eck oca,d. )tTown of Mashpce 1h ASHPEE ZONING BOARD OF APPEAL ��`� M �lasl�,��ee, lMassoch,usetts 02049 Decision for a Variance DENIED WITHOUT PREJUDICE RE: Melinda Bradley 10 Cranberry Lane The Gump Trust Map 23 Parcel 21 V-05-26 A Petition was filed on January 26, 2005 for a Variance from Section 174-34 of the Zoning By-laws for permission to vary the setback requirements to a cranberry bog to allow for construction of a single-family home on property located in an R-3 zoning district at 10 Cranberry Lane (Map 23 Parcel 21) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on January 28, 2005 and February 4, 2005, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, February 9, 2005 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert G. Nelson, Richard Guerrera, Zella Elizenberry, Frederick Borgeson, Evano Cunha and Jonathan Furbush. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of Mashpee Zoning By-laws. Jolui Slavinsky represented petitioner at this hearing. She is seeking a 36 foot variance from the cranberry bogs in order to build a 2 bedroom dwelling. Mr. Nelson states that they have not applied for a landspace variance and they only have 13,000 square foot lot. Mr. Slavinsky says they are borrowing acreage in the area to make the parcel large enough to allow a 2 bedroom house. Mr. Nelson states that until he sees this on the plans he will move to deny without prejudice. Mr. Slavinsky accepts this and will refrle with new plans.