01/26/2005 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee 16 Great Aeck qac! Acirth MASHPEE ZONING BOARD OF APPEALWashpee, Massachusetts 02649 Decision for a Special Permit RE: Thomas Beleckewicz Owner: Merope Deluca 53 Pickerel Cove Road Map 14 Parcel 90 SP -04-169 and SP -05-20 A Petition was filed on October 27, 2004 for a Special Permit under Section 174- 20 of the Zoning By-laws to allow for demolition of an existing dwelling and to build a new 4 -bedroom house on property located in an R-5 zoning district at 53 Pickerel Cove Road (Map 14 Parcel 9) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on November 19, 2004 and November 26, 2004, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on February 23, 2005 on the Petition at the Mashpee • Town Hall, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, Richard Guerrera and Frederick Borgeson. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of Mashpee Zoning By-laws. SPECIAL PERMIT CRITERIA: Section 174-20 of the zoning by-laws states that rebuilding of destroyed or nonconforming building or structure destroyed or damaged by fire, flood lightning, wind or otherwise may be rebuilt, subject to approval of the Board of Appeals subject to the same conditions as set forth in § 174-24 of this chapter. Attorney Kevin Kirrane represents the applicant at this hearing. He explains that the applicant would like to raze and replace the structure with a 4 -bedroom dwelling. The applicant is proposing a new title V denitrification system to replace the old cesspool • with is a plus considering the close proximity to Mashpee/Wakeby Pond, which the Conservation Committee has approved. The proposed structure is similar in size to what