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i <br /> REARDON, THOMAS & BAILEY, P.C. <br /> ATTORNEYS AT LAW <br /> CORNER OF BEARSI •C WAY AND BASSETT LANE <br /> POST OFFICE BOX 978 <br /> ! <br /> JOSEPH J.REARDON HYAN KS.MASSACHUSETTS 02601 - <br /> WILLIAM W.THOMAS - TELEPHONE <br /> BRADLEY J.BAILEY <br /> 771- <br /> LESLE-ANN MORSE May 14, 1986 AREA CODE 617 <br /> Douglas Boyd <br /> Building Inspector <br /> Town of Mashpee <br /> P. O. Box 1108 <br /> Mashpee, MA 02649 <br /> RE: Ann V. Presgraves <br /> Dear Mr. Boyd:. <br /> I am writing to confirm our prior conversation. In my opinion the Presgraves <br /> appeal to the Zoning Board of Appeals was improper. The petitioner proported <br /> to be appealing under Section 14 of the Zoning By-Law. If you will note, <br /> Section 14 is applicable only to a person who is agrieved by your refusal <br /> to enforce the zoning by-law. <br /> A Section 12 appeal was previously brought by this applicant and withdrawn <br /> without prejudice. This sought relief from your refusal to issue a building <br /> permit and was the appropriate vehicle to place this matter properly in <br /> front of the Zoning Board of Appeals. <br /> The fact that the Zoning Board of Appeals accepted the Section 14 appeal <br /> in error does not thereby confer authority on the Zoning Board of Appeals <br /> to issue a decision. Therefore, inaction by the Zoning Board of Appeals <br /> does not operate to grant the requested relief since the requested relief <br /> was improperly before the Board. . <br /> I am sending a copy of this letter to the Zoning Board of Appeals and to <br /> the Town Clerk in order that there be no misunderstanding relative to the <br /> Ann Presgraves matter. <br /> Yours very truly, <br /> Joseph J. Reardon <br /> Town Counsel <br /> 1 <br /> JJR:ss <br /> cc: Zoning Board of Appeals <br /> Town ClerkS� 10 <br />