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04/12/1995 ZONING BOARD OF APPEALS Minutes
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04/12/1995 ZONING BOARD OF APPEALS Minutes
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• FINDINGS - KATHERINE R. LAPIO <br />1. The subject property consists of a 69,800 square foot lot at 243 S. Sandwich Road. It <br />is located in an R-5 zoning district. <br />2. The subject property includes an existing residential dwelling, two barns and an open <br />arena. <br />3. The property has been used for the raising and training of Arabian horses since the <br />early 1980's. <br />4. 1980 Mashpee zoning allowed a farm use by right in a residential zoning district <br />provided that any building housing livestock or poultry be not less than one hundred <br />and fifty feet (150) from the property boundary. <br />5. Mashpee zoning also allowed for the accessory use of the raising or keeping or <br />animals or livestock by right in a residential district provided that no building or <br />enclosure for any animal be less than forty (40) feet from the side or rear lot line nor <br />nearer than fifty (50) feet to any front lot line. <br />6. In 1984 the Applicant applied for a building permit for a 36 x 68 storage barn which <br />• provided for setbacks greater than fifty (50) feet on all sides. The Board found that <br />this permit contemplated no more than the residential accessory use of raising horses <br />for the use of residents on the premises. The actual construction of the building <br />resulted in setbacks of less than fifty (50) feet to any front lot fine. <br />7. In 1985 the Applicant applied for a building permit for a 60' x 80'open storage shed <br />which was built with setbacks of less than fifty (50) feet to any front lot line. The <br />Board found that this permit was for an outdoor riding arena and was also an <br />accessory use.barn. <br />8. In 1988 the applicant was cited by the Building Inspector for zoning violations but no <br />enforcement action was taken by the Town. <br />9. Since the six year statute of limitations on enforcement has expired, no action can be <br />taken. <br />E <br />
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