11/14/2018 ZONING BOARD OF APPEALS ZBA Decision

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MAS14PEE ZONING BOARD OF APPEALS DECISION FOR A WRITTEN FINDING E. Michael and Arlene Sullivan 404 Monomoscoy Road (Map 125 Parcel 256) Mashpee, MA 02649 FINDING-2018-51 Attorney Nickerson said that Mr. Mendoza concluded that he doesn't have the authority to issue approval for a bathroom.. Mr. Nickerson said that it is his contention that having a bathroom in the garage doesn't change the function of the garage, it's just a garage. In terms of the Written Finding, under Section 174-24 K, the Board can allow the use by right if they find that the use is permissible under Section 174-17. There is plenty of parking on this property. The lot has 35,850 sq. ft. The current lot coverage is 6.3%, and with the new garage the percentage will be 7.9% and is well under the maximum.20%. Mr. Nickerson said that he considers this an improvement to the property and the neighborhood. In conclusion, he believes the Board has the authority to allow this bathroom in the detached garage. The Board wanted clarification regarding the building permit for the garage and when the construction started, They also wanted to know if the original plans depicted the bathroom. Mr. Sullivan said he was informed by his building that the project would require a ZBA filing. He was not involved in the permitting process at all and had his builder handle the submittal for him. The Board read the Inspection Department, Conservation Department and Board of Health comments into the record. There were no more comments from the Board. GENERAL CRITERIA: The subject property located at 404 Monomoscoy Road is approximately 35,850 square feet. There were no abutters present. WRITTEN FINDING CRITERIA: ARTICLE V -Nonconforming Buildings and Uses: §174-17. Continuance; Extensions; Alterations - Lawfully created structures or uses may be continued, although not conforming with the provisions of this chapter.Non- conforming single- or two-family dwelling structures may be changed, extended or altered if such change, extension or alteration complies with the dimensional requirements applicable to the lot under current provisions of §174-31 or, for lots which have been developed pursuant to §174-21, complies with such requirements as were applicable to initial construction of the dwelling under provisions of§174-21. 2