04/22/2020 ZONING BOARD OF APPEALS Minutes

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twenty six (26) 7ft. tall newly planted arborvitaes setback 19 feet from the property line" and "upon hours of operations as 6:30 am to 6:30 pm, seven (7) days a week." 10. The Board Decision contained the following findings, in part: "There were] some concerns raised by the abutting property owner, and shortly after the owner of the proposed lot constructed a chain link fence with privacy slats and twenty seven (27) arborvitaes approximately 8 ft. apart along that fence." "Attorney Kirrane [— Applicant's counsel —] said that he understands that a 50 ft. buffer be maintained as recommended by the Cape Cod commission but it is not applicable anymore and is certainly not a requirement under the bylaw." "The Board heard comments from Attorney Senie, who represented the direct abutter at 13 Nancy Lane. Mr. Senie recommended that the Board consider a 50 ft. buffer zone on the rear property line instead of the 10 ft. buffer, he suggested reasonable hours of operation, and a more substantial barrier fence on the rear property line." "The Board [requested and] received a revised site plan . . . depicting the requested revisions of the boundaries, the boat storage area, the dimensions of the [abutter's] chicken coop and fence location from the rear property line." "The Water Company has a Special Permit to allow for storage of waterworks material [on the Subject Property]." 11. The Plaintiffs, through Counsel, submitted to the Board the historical basis of the long established and consistently observed 50 ft. buffer along the Southern boundary of the I-1 zone. 12. The historical 50 ft. buffer maintained along the southern boundary of the Subject Property could have been preserved while fully implementing the Applicant's plan. This was demonstrated by the alternative site plan prepared by Coastal Engineering at the Plaintiff's request. Although the alternative site plan was submitted the Board, the Decision does not 4