11/14/2018 ZONING BOARD OF APPEALS ZBA Decision

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Town of Mashpee 0216.49. MASHPEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING FINDING-2018-51 E. Michael Sullivan and Arlene Sullivan Doe.: #1310305 404 Monomoscoy Road Ctf.: #211553 (Map 125 Parcel 256) Mashpee, MA 02649 A Petition was filed on October 5,2018 by Owners,E.Michael and Arlene Sullivan requesting a Written Finding under §174-17 and §174-24 (K) of the Zoning Bylaws to allow for construction of a lavatory in a detached garage on property located in an R-3 Zoning District, at 404 Monomoscoy Road, (Map 125 Parcel 256), 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 October 19, 2018 and October 26, 2018 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §6 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, November 14, 2018 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Norman J. Gould, and Associate Members, Brad Pittsley and Sharon Sangeleer. Also present was Building Conunissioner, Michael Mendoza, Attorney Geoff Nickerson represented the homeowners that were also present. The existing house was built in 1988 and is over 2,000 sq. ft. of space. Mr. and Mrs. Sullivan applied for a building permit to construct the detached garage on the property, and the application was approved subject to the construction not including a lavatory on the second floor. He is asking the Board the alternative to conclude that the Building Commissioner has the authority to issue an approval or that the Board can issue a Written Finding for the approval of the bathroom in the detached garage. The proposed bathroom consists of a toilet, sink,and a shower with the dimensions approximately 5 ft. 4"wide and 16 ft. high. Mr.Nickerson said that the building plans were marked no bathroom or shower allowed by the Building Commissioner. The construction has begun, but has been halted because of the bathroom and therefore he is asking that the Board to either overturn the Building Commissioner's decision or to issue a Written Finding to allow for the construction of a bathroom in the garage. Mr. Nickerson said that under the bylaw Section 174-25 (I) (1) allows detached garages. 1