10/24/2018 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES OCTOBER 24,2018 OTHER BUSINESS INFORMAL REQUEST: -122 Red Brook Road: Jessica Sommer, Esquire with DKM&G requests an informal meeting to discuss the allowed use of the property. Jessica Sommer is representing potential buyers of the subject property. She met with Mike Mendoza a week prior to discuss the current use and potential uses of the property. The property is 7.24 acres and is in the R-3 Zone. The bylaw that she wanted to refer to was the agricultural use listed under Section 174-24 5 (C) which is the "raising or housing of livestock for sale or profit". There is no Special Permit on file for this property. The only document on file was a Variance to allow for the accessory barn building.There is currently two dwellings on the one property. Jonathan asked if the applicants plan to sub-divide the lot. Jessica said; no. They are looking to use the property as a horse farm.They want to maximize the use of a horse/stable business. The idea would be to apply for a Special Permit, and discussing the potential uses,and expansion of the allowed uses. She said at the very least to allow for stable horses and renting of the horse stables. The Board had a discussion regarding the two houses on the one lot, and wanted to know if they were permitted. Mr.Mendoza mentioned that during the meeting with Jess,he asked Glen,the Health Agent to get an idea how often the horses were stabled on the property. The Board of Health records only went back as far as 2001. Mike mentioned that under bylaw Section K, as being a possible direction for the applicants, and that the items under the "Type of Uses" for profit is Item 5 being the closest possible description. The other items do not mention for profit, and he recommended a Special Permit application. The Board can condition any specific allowed uses. For example;the Board can condition, "cannot split the lot". Jonathan was reviewing the bylaw Sections 2 and 5, and found them to be contradictory explaining the allowed distances of a structure being 50 ft. or 150 ft. of the property boundary to house the livestock. Scott mentioned that as one member,he would not allow anything in the arena because it's so close to the street. He would like to see the property being used. His concerns are the two houses and if they are legal. Will the Board allow two single-family homes on the property? The barn cannot be expanded to house more than the allowed amount of horses. Jonathan asked what the applicant's plan is for the two houses. Jess said the owners would bring in a group who rents out horses, and maybe a caretaker. She is not sure about the main house. The Board was questioning when the houses were built. 3