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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> Stephen Chafetz <br /> (Owner of Record: Alexander MacLellan and Lynn M. MacLellan <br /> 403 Great Oak Road (Map 126 Parcel 48) <br /> Mashpee, MA 02649 <br /> V-2014-23 <br /> §174-85 GEOGRAPHICAL APPLICABILITY: <br /> This Article shall apply to all areas within the Waquoit Bay Areas of Critical <br /> Environmental 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), and <br /> to a buffer zone extending twenty-five(25')feet landward from the edge of the ACEC. For <br /> 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 /> CONCLUSION: <br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a <br /> Variance. Upon duly made and seconded at the Public Hearings on April 9, 2014, the <br /> Zoning Board of Appeals voted unanimously to grant complete Variance relief of twenty- <br /> five (25') feet under Article XIV §174-85 of the Zoning By-laws, and M.G.L. Chapter <br /> 21A, §2 (7), to vary the setback requirements of the ACEC and allow for construction of a <br /> new dwelling on property located in an R-3 Zoning District at 403 Great Oak Road, (Map <br /> 126 Parcel 48), Mashpee, MA. (Owner of record: Alexander MacLellan and Lynn M. <br /> MacLellan). The Board referenced a plot plan provided by Cape & Island Engineering, <br /> Summerfield Park, 800 Falmouth Road, Suite 301 C, Mashpee, MA, drawing titled: Site <br /> and Septic Design, for Owner of Record: Alexander & Lynn M. MacLellan, 9 Sea Mist <br /> Drive, Orleans, MA, dated 3/12/14, Sewage System Design Plan, 403 Great Oak Road, in <br /> Mashpee, MA. Drawn by Matthew C. Costa, drawing file name: Greatoak 403_Chafetz. <br /> 4 <br />