7/25/2018 ZONING BOARD OF APPEALS ZBA Decision

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tijwtw 4f Nlashpee �,�<< �" :Nlasttt�r.c, 1ctsact�ciseitt 029049 MASHPEE ZONING BOARD OF APPEALS DECISION FOR WRITTEN FINDING FINDING-2018-41 Robert J. V. Roche and Doc.: 1327463 Donna M. Roche, Trustees Ctf. #: 213750 401 Monomoscoy Road (Map 124 Parcel 64) Mashpee, MA 02649 A Petition was filed on June 22, 2018 by Petitioners, Robert and Donna Roche, Trustees requesting an Administrative Appeal to the Building Commissioner under M.G.L. Chapter 40A §§8 & 15. The Trustees seek the Zoning Board of Appeals to overturn the Building Commissioner's decision to allow for construction of a lavatory in their detached garage. In the alternative,the Trustees request the Board of Appeals to grant there a Finding to allow them to install a lavatory in their detached garage under §174-24 (K) on property located in an R-3 Zoning District, 401 Monomoscoy Road, Map 124 Parcel 64, Mashpce, 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 Mashpce, on June 29, 2018 and July 6, 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 §§8 and 15 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, July 25, 2018 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Member, Scott Goldstein, and Associate Members, Brad Pittsley, Norman J. Gould, and Sharon Sangeleer. Also present was Building Commissioner, Michael Mendoza. Attorney Brian Wall represented the homeowners who were also present. He said the application is for both an appeal of the Building Commissioner, and in the alternative a request for a Written Finding request to allow a lavatory in the detached garage. Mr. Wall's clients purchased a lot at 401 Monomoscoy Road last August located in an R-3 Zoning.District. After they purchased the property,they obtained a building permit from the Building Department which gave them permission to construct a four(4)bedroom dwelling with a two (2) car detached garage. Mr. Roche, the homeowner, intends to use the garage for purposes of a workshop, storing lawn and garden equipment, and also for storing some antique motor vehicles. He seeks to have a lavatory that is 3 ft. 10 inches, by 8 ft. bathroom. 1