01/25/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Kathryn R. Lapio V-95-8 2. General Findings 1. the subject property consists of a 69,800 square foot lot at 243 S. Sandwich Road. It is located in an R-5 zoning district. 2. The subject property includes an existing residential dwelling, two barns and an open arena. One of the barns (28.3' x 48.2') predated the 1984 building permits. 3. The property has been used for the raising and training of Arabian horses since the early 1980's. 4. 1980 Mashpee zoning allowed a farm use by right in a residential zoning district provided that any building housing livestock or poultry be not less than one hundred and fifty feet (150) from the property boundary. 5. Mashpee zoning also allowed for the accessory use of the raising or keeping or animals or livestock by right in a residential district provided that no building or enclosure for any animal be less than forty (40)feet from the side or rear lot line nor nearer than fifty(50) feet to any front lot fine. 6. In 1984 the Applicant applied for a building permit for a 36' x 68' storage barn which provided for setbacks greater than fifty(50)feet on all sides. The Board found that this permit contemplated no more than the residential accessory use of raising horses for the use of residents on the premises. The actual construction of a building 36.3' x 68.3' resulted in setbacks of less than fifty (50) feet to any front lot line. 7. In 1985 the Applicant applied for a building permit for a 60' x 100'open storage shed/arena which was built with setbacks of less than fifty(50) feet to any front lot line. The Board found that this permit was for an outdoor riding arena and was also an accessory use. 8. In 1988 the applicant was cited by the Building Inspector for zoning violations but no enforcement action was taken by the Town. 9. Since the six year statute of limitations on enforcement has expired, no action can be taken.