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- 9 - <br /> Mr. Sherman advised building permits are not necessary for <br /> fences. This issue has to be addressed between the parties <br /> involved. <br /> Mr. Rosenberg advised if there is an illegal blockage of any <br /> public way, it cannot be handled through the town and must be <br /> handled through an attorney. <br /> Mr. Jackmauh stated it does affect the town because it <br /> granted him permission to build it. <br /> Mr. Sherman stated every permit issued states it does not <br /> grant invasion of property rights . <br /> Mr. Jackmauh stated it should be denied because it was done <br /> without a permit, removed, and an application filed to do the <br /> work. <br /> Joseph Daniele advised he wrote a letter to the Commission <br /> when Mr. Smith's father wanted to build the bulkhead and <br /> received a letter back from Pauline Delory. He disagrees <br /> with counsel, it is a right of way and no different than a <br /> public road. He further disagreed with the statement that <br /> the Commission does not have jurisdiction. <br /> Mrs. Ferriday suggested they back the Commission for a bylaw <br /> change dealing with aesthetics. <br /> Mr. Rosenberg suggested continuing for two weeks to allow <br /> positive action. <br /> VOTE: Motion made and seconded that if there is no firm date <br /> when this will be resolved, a vote will be taken to <br /> initiate a fine of $300 per day. <br /> John Fitzsimmons abstained <br /> Motion carried <br /> CONTINUED TO 30 MARCH 1995 - 8:50 P.M. <br /> 8:50 NYNEX to permit the excavation of 71 feet of earth, 30 <br /> inches deep, 18 inches wide, after-the-fact, on Seconsett <br /> Island Road. <br /> Mr. Sherman advised the filing is for underground cable and <br /> junction boxes installed on the causeway without a permit. <br /> He will take one more look to see if plantings are necessary. <br /> Public comments: none. <br /> VOTE: Motion made and seconded to close upon receipt of DEP <br /> number and comments and receipts for abutter <br /> notification. The Agent will inspect to see if <br /> plantings are necessary. <br /> TO BE CLOSED. <br /> 9:00 JANE TALANIAN, for the construction of a house, garage, <br /> driveway and utility trenching at 30 Ockway Bay Road. This <br /> hearing was held under Chapter 172 of the Mashpee Bylaw, <br /> regulations 29 and 30. <br />