08/24/2004 ZONING BOARD OF APPEALS Minutes

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�tut�nt� Town of Mashpee 16 Great Seck Avoad Xord 1Ices{z,pee, Massctclticcsctts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: Thomas Nash 252 Wheeler Road Map 41 Parcel 14 SP-04-117 A Petition was filed on August 3, 2004 for a Special Permit under Section 174-20 of the Zoning By-laws to allow for demolition of an existing dwelling after a fire destroyed the property and re-build a new single family dwelling on property located in an R-5 zoning district at 252 Wheeler Road (Map 41 Parcel 14) 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 August 6, 2004, and August 13, 2004 a copy of which is attached hereto and made a part hereof. A Public Hearing was held on Tuesday, August 24, 2004 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: James Regan, Robert Nelson and Marshall Brem, and Richard Guerrera. 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. John Vidal is the applicant in this hearing and is representing the current owner. Mr. Vidal is in the process of buying this property. It was destroyed in a fire and he is seeking a special permit to rebuild the 3-bedroom house. He has submitted building