09/22/2004 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Minutes 8 September 22, 2004 could be deemed buildable with a one-bedroom dwelling. Robert Nelson moves to overturn the building inspectors decision and to grant a 67,019 square foot landspace • variance to put Mr. Dellagalla's lot to current zoning requirements. Zella Elizenberry seconds the motion. All agree. So moved. Francis R. Murphy: Requests a Special Permit from Section 174-25 C (5) and H (6) in order to board and breed horses and give riding lessons on property located in an R-3 zoning district at 237 South Sandwich Road (Map 15 Parcel 11) Mashpee, MA. Mr. Murphy represents himself at this hearing. He currently owns a farm whereby he boards horses and would like a permit to have riding lessons for children and adults, breed horses and board up to ten horses. Mr. Murphy said he looking for guidance as to what types of permits he needs to do this and needs the income from boarding the horses. Mr. Regan reads a letter from the DPW with respect to some problems at his property. They believe he is responsible for some drainage run off and there have been a lot complaints with the Board of Health as to the cleanliness of the horse farm. The Board looks into the zoning of a horse farm and it appears that it requires 5 acres to have this type of farm. Mr. Murphy's property contains only 30,000 square feet and he has indicated to the Board that his property was 3 acres. There are several abutters that are very unhappy with the way Mr. Murphy is keeping his property and adversely affecting their lives. Kim Herrera of 247 South Sandwich Rd. She has an elderly grandmother that has severely breathing problems. She is so affected by the dust and smell that she has to • close her window and suffers greatly when it is hot. She has been taken by ambulance several times due to the dust making the situation worse. Ms. Herrera wants this matter cleaned up and moved away from her residential area. She is against granting this permit. Scott Proverb of 1 I Warwick Way. He also has a severe problem with the way Mr. Murphy is maintaing his property. He wants to know what this is going to lead to. He believed it was initially for pet use and to have 9 horses, now the property was sold to Mr. Murphy and he would like to know how many horses are going to be there. The houses are close together and the smell and quality of the property of way below par. He is against this permit. Chad Hathaway of One Warwick Road: He also has questions about how this is going to operate. Where will the neighborhood stand a year from now if the board does not follow up on restrictions they may or may not impose on him. Who will protect their properties? The manure removal must become more frequent to reduce the odor that is emitted from the property. Michelle Ogg of 7 Warwick Road: She is horrified about how the property is being kept. She has 3 small children, one of which suffers from asthma. The dust from the dirty stalls, and the odor is just hideous. When they have to close their windows from the •