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MASHPEE ZONING BOARD OF APPEALS <br /> Alexander MacLellan <br /> 403 Great Oak Road (Map 126 Parcel 48) <br /> Mashpee, MA 02649 <br /> V-2014-10 <br /> VARIANCE CRITERIA: <br /> §174-85 - Geographical Applicability: <br /> This Article shall apply to all areas within the Waquoit Bay Areas of Critical <br /> Environment Concern (ACEC) as designated by the Massachusetts Executive Office of <br /> Environmental Affairs on November 26, 1979, in accordance with MGL C 21A, §2 (7), <br /> and to a buffer zone extending twenty-five(25')feet landward from the edge of the ACEC. <br /> For those lots or land parcels totally encompassed by the ACEC,this Article's applicability <br /> will be limited to one hundred (100') feet landward of the edge of wetlands as defined by <br /> MGL C 131, §40. In case of any dispute regarding the boundary of the areas defined under <br /> this Article, the Conservation Commission will be consulted, making the final <br /> determination based on the best available data. <br /> The Board notes the provisions of G.L. c. 40A, §10, which provide that a variance <br /> may be granted due to circumstances relating to soil conditions, shape or topography of <br /> land or structures which affect such land or structures but not the subject zoning district <br /> generally, a literal enforcement of the bylaw would involve a substantial hardship to the <br /> petitioner, and desirable relief can be granted without substantial detriment to the public <br /> good and without nullifying or substantially derogating from the intent or purpose of the <br /> bylaw. <br /> CONCLUSION: <br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a <br /> Variance under §174-85 of the Zoning By-laws and M.G.L. Chapter 21A, §2 (7), to vary <br /> the lot requirements of the ACEC area to deem lot buildable on property located in an R-3 <br /> Zoning District at 403 Great Oak Road (Map 126 Parcel 48), Mashpee, MA. Referencing <br /> a Board of Health plan; "Proposed Sewage Disposal System", prepared for Seamist <br /> Builders,HSE No.403 Great Oak Road,Mashpee,Mass. dated February 26,2004,Revised <br /> June 5, 2007 Label HSE Corners, drafted by Cape & Island Engineering, 800 Falmouth <br /> Road, Suite 301C, Mashpee, MA. File No. 159MA and approved comments fiom both <br /> Conservation and Board of Health Departments. <br /> 4 <br /> f <br /> 3 <br />