11/13/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning g Board of Appeals Mid Cape Construction, Inc. For Robert and Debra Tippo SP-02-129 2 � stating the Tippo's are in violation of the neighborhood covenants. Susan Regan, President of Seabrook Village Association, informs the Board that the neighborhood has ". � 1 strict covenants against two-family dwellings. Ms. Regan told the Board that the Tippo's never went before the Architectural Committee to request that this work/addition be !i approved for the neighborhood, which is the proper protocol. Their main concern is that this home does not become a two-family dwelling and become rental property. This is not allowed in the covenants that are filed with property owner's deeds. Mr. Borgeson informs Ms. Regan and other interested parties that the Board of Appeals governs the zoning for the e Town and does not et involved ' neighborhoodI i g m dis utes. gp Marshall Brem feels Associations are vital to maintaining the aesthetics of a neighborhood. Mr. Brem feels that the granting of a Special Permit should be conditioned upon the Tippos following all covenants in the neighborhood and complying with the Association's l ! requests. Mr. Borgeson does not fully agree, however he will go along with it. The Board moves to grant the Special Permit in perpetuity and in compliance with Seabrook Village Association's covenants. E GENERAL FINDINGS 1. that the subject lot is located at 379 Redbrook Road and consists of 22,584 square feet. III I. SPECIAL PERMIT CRITERIA i § 174-25.A.8 of the Zoning By-laws states: "Conversion of an existing dwelling to accommodate not more than two (2) families, i I provided that there is not external evidence of occupancy by more than one (1) family, and further provided that each dwelling unit resulting from such conversion shall have ! i not less than seven hundred fifty (750) square feet of habitable floor space" SPECIFIC FINDINGS I� The Board determined that: it i I