11/14/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR AN APPEAL TO THE BUILDING COMMISSIONER'S DECISION E. Michael and Arlene Sullivan 404 Monomoscoy Road (Map 125 Parcel 256) Mashpee, MA 02649 APPEAL-2018-50 Attorney Nickerson said that under the bylaw Section 174-25 (1) (1) allows detached garages. He 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 3 5,85 0 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%. The Board has recently approved a similar application specifically on 401 Monomoscoy Road. 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. Attorney Nickerson said that his client would be willing to have a covenant on record and filed with land court stating that this will not be a second dwelling, and will never be a second dwelling. Mr. Sullivan, the homeowner stated that he does not plan to put any heat in that space and they would drain the system for the winter. 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 builder 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. Mr. Mendoza addressed the Board and stated that the applicant has a permit on site to construct the garage. The reason this application is in front of the ZBA is for an Administrative Appeal, is regarding having a full bathroom and shower on the second floor of the garage and if that doesn't succeed then the next step as he mentioned to the applicant when they met is that the Board makes a determination for a Written Finding. The Board read the Town Department comments into the record. There were no abutters present. 2