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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> NOVEMBER 14,2018 <br /> Attorney Geoff Nickerson represented the homeowners that were also present.The existing <br /> house was built in 1988 and is over 2,000 sq. ft. of space. Mr. and Mrs. Sullivan applied <br /> for a building permit to construct the detached garage on the property, and the application <br /> was approved subject to the construction not including a lavatory on the second floor. He <br /> is asking the Board the alternative to conclude that the Building Commissioner has the <br /> authority to issue an approval or that the Board can issue a Written Finding for the approval <br /> of the bathroom in the detached garage. <br /> The proposed bathroom consists of a toilet, sink, and a shower with the dimensions <br /> approximately 5 ft. 4"wide and 16 ft.high.Mr.Nickerson said that the building plans were <br /> marked no bathroom or shower allowed by the Building Commissioner. The construction <br /> has begun,but has been halted because of the bathroom and therefore he is asking that the <br /> Board to either overturn the Building Commissioner's decision or to issue a Written <br /> Finding to allow for the construction of a bathroom in the garage. Mr.Nickerson said that <br /> under the bylaw Section 174-25 (I) (1) allows detached garages. Mr. Mendoza concluded <br /> that he doesn't have the authority to issue approval for a bathroom. Mr.Nickerson said that <br /> it is his contention that having a bathroom in the garage doesn't change the function of the <br /> garage, it's just a garage. In terms of the Written Finding, under Section 174-24 K, the <br /> Board can allow the use by right if they find that the use is permissible under Section 174- <br /> 17. There is plenty of parking on this property. The lot has 35,850 sq. ft. The current lot <br /> coverage is 6.3%, and with the new garage the percentage will be 7.9% and is well under <br /> the maximum 20%. The Board has recently approved a similar application specifically on. <br /> 401 Monomoscoy Road. Mr..Nickerson said that he considers this an improvement to the <br /> property and the neighborhood. In conclusion, he believes the Board has the authority to <br /> allow this bathroom in the detached garage. <br /> Mr. Furbush commented that the lavatory at 401 Monomoscoy is on the first floor of the <br /> garage. <br /> Mr.Mike Sullivan,who is the homeowner told the Board he bought the properly two years <br /> ago and thought about doing a raze and replace,but decided not to because he doesn't need <br /> a larger house. The current house has four small bedrooms, and a one car garage he turned <br /> into a family room. He said that the 25' x 25' detached garage is only large enough for one <br /> car, and will be used for utility purposes There's a stairway to the second floor space that <br /> is 18' x 14' with dormers. He said that it will definitely not be used as an apartment. He <br /> said he is willing to change the design so it could be on the first floor. <br /> Attorney Nickerson said that his client would be willing to have a covenant on record and <br /> filed with land court stating that this will not be a second dwelling, and will never be a <br /> second dwelling. <br /> The Board had a conversation about the recently approved project at 401 Monomoscoy <br /> which they allowed a Modine heater. <br /> 5 <br />