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a Town.. of Mashpoe <br /> ' IG 0*,-at At eck pad <br /> �s—=, ?��rsli�re �Irassacluisrits.t3tiG9 <br /> �Aillx <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR AN APPEAL TO THE <br /> BUILDING COMMISSIONER'S DECISION <br /> APPEAL-2018-50 <br /> E. Michael and Arlene Sullivan Doc.: #1310305 <br /> 404 Monomoscoy Road Ctf.: #211553 <br /> (Map 125 Parcel 256) <br /> Mashpee, MA 02649 <br /> A Petition was filed on October 5,2018 by Owners,E.Michael and Arlene Sullivan <br /> requesting an Administrative Appeal of the Building Commissioner's Decision under <br /> M.G.L. Chapter 40A§§8 and 15 concerning construction of a lavatory in a detached garage <br /> on property located in an R•-3 Zoning District, at 404 Monomoscoy Road,(Map 125 Parcel <br /> 256), Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws <br /> Chapter 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of <br /> general circulation in the Town of Mashpee, on October 19, 2018 and October 26, 2018 a <br /> copy of which is attached hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A §§8 and 15 and the Town of <br /> Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on <br /> Wednesday, November 14, 2018 at which time the following members of the Board of <br /> Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, <br /> Board Members, Ron Bonvie, Norman J. Gould, and Associate Members, Brad Pittsley <br /> and Sharon Sangeleer. Also present was Building Commissioner, Michael Mendoza. <br /> Attorney Geoff Nickerson represented the homeowners that were also present. The <br /> existing house was built in 1988 and is over 2,000 sq. ft. of space. Mr. and Mrs. Sullivan <br /> applied for a building permit to construct the detached garage on the property, and the <br /> application was approved subject to the construction not including a lavatory on the second <br /> floor. He is asking the Board the alternative to conclude that the Building Commissioner <br /> has the authority to issue an approval or that the Board can issue a Written Finding for the <br /> approval 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 was 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. <br /> 1 <br />