ELDEN BOYT SR. and ELDEN BOYT JR. v. HERBERT GOLDBERG, RICHARD ZINNER, PETER ASPESI, LINDA SLOWE and PETER CHECKOWAY as members of the DENNIS ZONING BOARD OF APPEALS, and BRIAN FLORENCE as Building Commissioner of the Town of Dennis

For the reasons set forth in the court’s Decision of this day, the Dennis Zoning Board of Appeals’ October 11, 2007 decision (Case No. 07 Misc. 357459 (KCL)) and the Board’s June 20, 2008 decision (Case Nos. 08 Misc. 383881 (KCL) & 08 Misc. 381900 (KCL) are AFFIRMED in the following respects. The Boyts’ garage at 7 Ocean Avenue in Dennis may not be used as living space and all such use is ENJOINED, immediately. Its bedroom, kitchen and dining facilities must be removed in their entirety (e.g. stove, refrigerator, kitchen sink, kitchen counter and all associated cabinetry) and disconnected from the septic system, all within sixty days. Since the parties agree that the garage may be used for toilet and shower purposes, the bathroom and shower may remain in place and connected to the septic. The building permits for all bedroom, kitchen and dining-related construction items are REVOKED. The remaining building permits (those for the toilet, shower, insulation and heat) may remain. In addition, the garage may be used for storage and as a maintenance-related workspace.

SO ORDERED.

By the court (Long, J.)