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an order of conditions under section forty of chapter one hundred thirty-one <br /> of the General Laws, <br /> a special permit or variance under chapter forty A <br /> (Planning Board note: projects included under this <br /> exemption include Southport,New Seabury,Quashnet <br /> Valley,Windchime Point, and the portion of Mashpee Commons <br /> that was permitted in 1986, Steeple Street area) <br /> a comprehensive permit under chapter forty B - <br /> or a statement of the secretary of environmental affairs that the <br /> environmental impact report adequately complies with sections sixty-two to <br /> sixty-two H, inclusive, of chapter thirty, and which development is <br /> constructed or is thereafter constructed in substantial ,compliance <br /> therewith. <br /> Cape Cod Commission Act Section 22 (c) : The provisions of this act shall <br /> not apply to the grant of a development permit by a municipality or state _ <br /> agency for: <br /> the repair, upgrade, change, alteration or extension of a single family <br /> dwelling or an accessory structure, septic system or water well relative <br /> thereto, if such dwelling existed prior to July first, nineteen hundred and <br /> eighty-nine, unless such upgrade, change, alteration or extension is greater, <br /> than twenty-five percent of the floor .area of the dwelling. <br /> Cape Cod Commission Act Section 22 (e) : This act shall not apply to: <br /> a lot or lots shown on a subdivision plan endorsed by a planning board prior <br /> to July first, nineteen hundred and eighty-nine, in accordance with section <br /> eighty-one V of chapter forty-one of the General Laws, if the planning board <br /> has released the security .held by it to ensure completion of construction of <br /> ways and the installation of municipal services, as required by section <br /> eighty-one U of said chapter forty-one, prior to the effective date of this <br /> act. <br /> In addition, the County' s DCPC regulations, (Chapter E, .Ordinance 90-15, as <br /> amended)__speci£y__that Certificates of Use and Occupancy for which all other <br /> municipal permits have been received may be issued. <br /> ' Cape Cod Commission Act, Section 11 (h) : Where an applicant demonstrates a <br /> taking under Section 11 (h)* of the Cape Cod Commission Act and where <br /> approval would not result in a reasonably foreseeable danger to the public <br /> health or safety. <br /> (*Notwithstanding the provisions of this section, the (Cape Cod) Commission <br /> shall permit a municipality to grant a development permit for a development <br /> in a district of critical planning concern or in an area which has been <br /> nominated and accepted for consideration for designation as a district of <br /> critical planning concern where an applicant demonstrates that to deny the <br /> development permit would constitute a taking of property in violation of the <br /> _ Massachusetts and United States Constitution; provided, however, that no <br /> reasonably foreseeable danger to the public. health or safety will arise from <br /> such approval or approval with conditions.) <br /> 9 <br />