02/26/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS FEBRUARY 26, 2014 • MINUTES Alexander MacLellan: Requests a Variance under §174-33 of the Zoning By-laws to vary the setback at least fifty (50') feet from any water or wetland as defined by M.G.L. Chapter 131, §40 to deem lot buildable on property located in an R-3 Zoning District at 403 Great Oak Road (Map 126 Parcel 48), Mashpee, MA. Previous variance expired. Alexander MacLellan: Requests a Variance under §174-85 of the Zoning By-laws and M.G.L. Chapter 21A, §2 (7), to vary the lot requirements of the ACEC area to deem lot buildable on property located in an R-3 Zoning District at 403 Great Oak Road (Map 126 Parcel 48), Mashpee, MA. Previous variance expired. Mr. MacLellan approached the Board and introduced himself as the property owner stating he is in the process of selling his property on 403 Great Oak Road. He stated he has owned the property for 10 years hoping to build a home but did not have the resources to develop the lot during the "economic slowdown". He has a potential buyer for the lot and wants to reinstate his request for variances that expired due to non -recording at the Barnstable County Registry of Deeds when issued by the Zoning Board at past hearings dated June 27, 2007. Mr. Furbush wanted to know if there were any changes to the plan that was approved in 2007. Mr. Goldstein wanted to confirm if the potential buyers were aware of the footprint should remain within the dimensions of the original approved plan. Mr. MacLellan stated • there are no changes to the submitted plan and is the only footprint of the lot that he is selling. Mr. Goldstein stated that if the buyers change the plan they will have to appear in front of the Zoning Board of Appeals with an updated plan. Mr. Reiffarth read a letter 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. MacLellan stated the dimensions are 30 feet by 70 feet. The lot is 19,176 square feet. He stated the potential buyer does not want to build the same house on the approved submitted plan. Mr. Morgan stated that the proposed dimensions could conceivably be a little less but not more. Mr. Bonvie stated that if the size of the dwelling is reduced within the envelope, it will be acceptable. The proposed plan will need to be comparable or less. 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." 2