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`f 1�t�yr <br /> jrn qf Allasl <br /> 16 Great &ad JNarth <br /> Mashpee,Massachusetts 0264.9 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-2014-23 <br /> Alexander MacLellan and Certificate of Title: #187554 <br /> Lynn M. MacLellan Doc#: 1243430 <br /> 403 Great Oak Road Lot#: 154, Plan: #35464-B <br /> (Map 126 Parcel 48) (Sheet 8) <br /> Mashpee, MA 02469 <br /> A Petition was filed by Stephen Chafetz on March 14, 2014 requesting a Variance <br /> under Article XIV §174-85 of the Zoning By-laws, and M.G.L. Chapter 21A, §2 (7), to <br /> vary the setback requirements of the ACEC to allow for construction of a new dwelling on <br /> property located in an R-3 Zoning District at 403 Great Oak Road, (Map 126 Parcel 48), <br /> Mashpee, MA. (Owner of record: Alexander MacLellan and Lynn M. MacLellan). <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws <br /> Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of <br /> general circulation in the Town of Mashpee, on March 21, 2014 and March 28, 2014 a <br /> copy of which is attached hereto and made a part hereof. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on <br /> Wednesday, April 9, 2014 at which time the following members of the Board of Appeals <br /> were present and acting throughout; Chairman,Jonathan Furbush,Vice Chairman,William <br /> A. Blaisdell,Board Members, James Reiffarth and Richard Jodka, and Associate Members <br /> Scott Goldstein and Domingo DeBarros. Building Commissioner, Richard Morgan was <br /> also present. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee <br /> Zoning By-laws. <br /> Attorney,Kevin Kirrane represented the Petitioner in connection with the proposed <br /> application for Variance relief of a single-family residential structure on Great Oak Road. <br /> Two months ago, the MacLellan's had re-applied with pre-approved plans for a similar <br /> proposal that expired, and the Board saw fit to renew that Variance relief for the lot size, <br /> and the setbacks to ACEC and wetland resource area. Mr. Kirrane stated that he is not <br /> convinced the Board couldn't view this as minor modification of the previously approved <br /> plans because there is very little change to what is being proposed other than the design of <br /> the structure.He highlighted the plan, showing the top of the coastal bank wetland resource <br /> area, the ACEC line. <br /> 1 <br />