11/13/2002 ZONING BOARD OF APPEALS Minutes

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Minutes Mashpee Zoning Board of Appeals November 13, 2002 5 discussion ensues regarding what could possibly be reduced. The Board in general does not like to grant anything over 20% lot coverage. Due to the size of the lot, the Board agrees to grant the requested permits. Mr. Nelson feels that a new septic system is a reasonable trade-off for an increase in lot coverage because the lot is so very small. Mr. Nelson moves to grant a Variance of 9 feet and a Special Permit to conduct the work. Zella Elizenberry seconds the motion. All agree. So moved. Variance criteria includes, #1, #2 and#4. Special Permit criteria includes #l, #2, #3, #12. Comments from abutters include an immediate abutter who is very happy about the ; ! proposed construction and feels it would be an improvement to the neighborhood and she would welcome the year-round company. Mid Cape Construction,Inc. Request a Special Permit under Section 174-25.A.8 of the I Zoning By-laws to allow for construction of 2600 square foot in-law apartment on property located in an R-3 zoning district at 379 Redbrook Road (Map 108 Parcel 29) Mashpee, MA. j Sitting: Zella Elizenberry and Marshall Brem and Frederick Borgeson. Mr. Nelson steps down from this hearing but would like to listen as an interested party. I Carl Delorme of Mid-Cape Construction, Inc. represents the petitioner Robert and Debra Tippo in their request for a Special Permit to construct an in-law apartment. Mr. Delorme informs the Board that a 30 x 26 addition has been constructed and now needs a Special Permit that Section 174-25.A.8 provides for. The addition meets all requirements for setbacks, zoning, and the Board of Health and exceeds the required 750 square foot minimum. There are several people with complaints from the neighborhood Association with respect to the way the Petitioner went about this construction. They did not I approach the Association which has strict covenants regarding any kind of two-family I ' dwelling in Seabrook Village. Mr. Borgeson informs the abutters that the Board of Appeals governs the zoning for the Town and does not get involved in neighborhood �l associations. Susan Regan, President of Seabrook Village Association states her concerns over people in the neighborhood building whatever they want and this property turning into a rental property. This is not allowed in the covenants that are filed with e property owner's deeds. 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 following all covenants in the neighborhood and complying with their requests. Mr. Borgeson does not fully agree, however he will go along with it. Mr. Brem moves to grant the Special Permit as described above to comply with Seabrook Village Association's rules and requirements and this will also be granted in perpetuity. Mr.Nelson (from an interested party's standpoint and not a member of the Board) has (' discussed this "in-law" apartment language, as it does not exist in the rules of Section 174-28.A.8. It should be referred to as an accessory structure. Frederick Burgeon seconds the motion. All agree. So moved. Criteria includes all information from the + Proper section.