01/25/1995 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - January 25, 1995 2 Members sitting: E. Govoni, J. Regan, K. Marsters • Lapio: Attorney Kevin Kirrane represented the applicant. He presented a brief and stated that the property has had a history of concern in permitting in the past. He also submitted a petition signed by residents in favor of the Variance. The Variance application is for the structures existing on the land. He said that one structure has 11 stalls and the other building is used for riding. An older barn contains 5 stalls. He said it qualified as a farm in previous by-laws but the current definition of "farm" which was voted in 1991, requires 5 acres. He said the structures do not conform to the 150' setback requirement from all boundary lines nor do they conform to the requirements in effect at the time they were built. He said that he assumed that at the time the buildings were built they were considered accessory farm use and did not have to conform to the 150' setback. Hence, the current request for a variance. Mr. Kirrane presented a sketch of the land showing that it would have been impossible to meet the 150' setback. He said a farm use was allowed in every area of Mashpee. He said that the shape of the parcel and the 150' requirement create a hardship particular to this land. He explained that Mrs. Lapio raises arabian horses for show and does not run a riding academy or give shows there. He • reviewed the statute of limitations on building permits for six years. He said the Building Inspector had written to Mrs. Lapio last year stating that there was a zoning violation on the property. He said the Variance application was to remedy this. Mr. Kirrane said an abutter, Mrs. Andrade, had complained several years ago and the Lapio's then constructed a fence. He said the premises had been leased for a few years and there were complaints on maintenance. Mr. Govoni said the Building Permits say "no horse barn" and the other says "storage shed". Mr. Kirrane said the barn does not have stalls. Mr. Govoni asked if there was continuous use and Mr. Kirrane said there was some time when it was not used. Mr. Govoni asked for dates when it was used. Mr. Kirrane said there was no abandonment since the premises were leased. George Costa: Mashpee resident representing family members who were out of town. He said there has been a complaint on this property from the time it went up. His late brother had filed complaints with the Building Inspector and the Board of Health in 1983 and 1984 and it was closed down as a horse barn. He said one was supposed to be a storage shed not a barn with 11 stalls. At one time there were 28 horses there. The use was stopped for 2 - 3 years and was just reactivated. No one