01/25/1995 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - January 25, 1995 3. E • had acted on the complaints about the building. He said people were not aware that the if the variance request was granted they would have a full horse barn in a residential neighborhood. He said it does not belong in a residential neighborhood. Chris Widner: direct abutter. She asked Mr. Costa if he lived in the neighborhood and he said he did not. She said she saw no problem with the horse barn. She purchased her lot and built so that they could see the horse barn and stated that she thinks it is an attribute to the neighborhood. She said she would provide a letter from other neighbors in favor of the Lapios. George Costa: He said he was speaking as a former member of the Board of Health. Leon Proverb: a direct abutter. He said he has lived there three years and that the children love it and the grounds are maintained daily. Mr. Kirrane: He said that he did not believe that Chapter 40A Section 7 requires continuous 6 years. If there was a zoning violation for 6 or more years and no action has been brought to enforce the by-law no action can be taken now. He said that the earlier complaints could have been addressed by the town • or the aggrieved residents had the right to file a lawsuit within the 6 year period. He said that abutters and abutters to the abutters within 300' feet are notified and, in this case,. some of the abutters were in Sandwich. He said Mr. Costa's brother's property was beyond the 300' and he questioned if he would have been considered an aggrieved person. Mr. Kirrane said that the Board of Health had requested a legal opinion on this property in 1988 and commended the owners on the cleanliness. Mr. Costa: asked if only the abutters could complain. He was told no. He said the building permits say they are not supposed to have that use. Mr. Kirrane agreed and said the violation commenced in 1984 and had to have been acted upon within 6 years. Jennifer Martin: a Mashpee resident. She asked how the Board defined "barn". Mr. Kirrane said the existing by-law permits the raising and housing of livestock on less than 5 acres in every zoning district upon the grant of a Special Permit. He said he did not think they needed it because they have a pre-existing use. Michael Makunas: a Mashpee resident and former member of the Board of Appeals. Said he could vouch for the history of the letters and complaints on the property. He said the issue was meeting requirements for a Variance to legalize the property. Mr. Regan moved to take the petition under advisement.