02/26/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Alexander MacLellan 403 Great Oak Road (Map 126 Parcel 48) Mashpee, MA 02649 V-2014-08 Mr.Reiffarth read a letter into the record from the Architectural Review Committee from Frances Drew, ARC Administrator, New Seabury, dated June 30, 2008 to Mr. Alex MacLellan, 9 Seamist Drive, Orleans, MA, reference lot 154, 403 Great Oak Road. "Dear Alex; in response to your question is lot 154 part of Little Neck Bay Village,the answer is "yes". According to the Restated Master Declaration Document#469968 dated September 30, 1988 and Registered with the Barnstable Registry on October 13, 1988, Little Neck Bay Land Court Plan# 35464B Lot numbers 1-155 are covered under this restriction. See Exhibit A page 28." Mr. Goldstein read a letter into the record from the Board of Health to Matt Costa dated February 7, 2014, stating "The Mashpee Board of Health approved the Variance relief and the installation of a single home for a FAST denitrification unit with documented specific conditions." Mr. Furbush read an email into the record from Andrew McManus, Conservation Agent,dated February 14, 2014. "This property(403 Great Oak Rd)has been issued a total of 3 Orders of Conditions (aka, permits) from the Mashpee Conservation Commission since 1999- all of these permits were for the construction of a 3 BR single family home with Title V, utilities, etc. The first two permits expired (1999-permit # 43-1869/ 2004- permit # 43-2247) with no activity taking place on the lot, other than some periodic vegetation clearance/mowing to maintain the approved work limit area. The current Order of Conditions(43-2481)is open(valid)until August of 2014 and it can be extended for a maximum of 3 years at a time via a request for an extension permit through the Conservation Dept. This existing permit covers the same project as the previously expired permits (no changes). If there are any proposed changes to the existing plan of record that we have on file for the valid permit, it will require either an Administrative approval or Amended Order request to the conservation commission (depending on scope of changes proposed)." Mr. Furbush read an email into the record from Glen Harrington, Health Agent. "403 Great Oak Road—The BOH has approved the septic plan with the condition of adding a denitrification system and ultra-violet light to the septic system. Testing of the denite and UV light is required for two years and a life-long O & M plan is required for the entire system." GENERAL FINDINGS: The subject property located at 403 Great Oak Road is approximately 19,176 square feet. 2