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lown of Mashpee <br /> 16 Great Asck Atr(rd Si)r d'i <br /> 'V�nillkL+��� Nfasf7pce, lWassCtchusett5 022649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Variance <br /> RE: Thomas Belekewicz 53 Pickerel Cove Road <br /> Owner: Merope Deluca Map 14 Parcel 9 <br /> V-04-168 <br /> A Petition was filed on October 27, 2004 for a Variance from Section 174-31of <br /> the Zoning By-laws for permission to vary the setback requirements, landspace <br /> requirements and frontage requirements in order to build a new dwelling on property <br /> located in an R-5 zoning district at 53 Pickerel Cove Road (Map 14 Parcel 9) Mashpee, <br /> MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a <br /> newspaper of general circulation in the Town of Mashpee, on November 19, 2004 and <br /> November 26, 2004, a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, February 23, 2005, at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, <br /> Frederick Borgeson and Richard Guerrera. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws, Chapter 40A, Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> Attorney Kevin Kirrane represents the applicant at this hearing. A variance request <br /> has been filed along with two special permit requests consisting of Section 174-17 and <br /> then filed separately one for section 174-20. Attorney Kirrane explains that the applicant <br /> would like to raze and replace the structure with a 4-bedroom dwelling. The applicant is <br /> proposing a new title V denitrification system to replace the old cesspool with is a plus <br /> considering the close proximity to Mashpee/Wakeby Pond, which the Conservation <br /> Committee has approved. The proposed dwelling cannot meet the setback requirements <br /> and are seeking relief. The proposed structure is similar in size to what currently exists in <br />