11/10/1993 ZONING BOARD OF APPEALS Minutes

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( To- The Mashpee board of Appeals. and all parties involved. From. The Concerned Citizens Coalition RE The proposed appeal of S. Joseph DiMaggio, owner of DiMaggio's Companies. on the use of the non-commercial property located at 135 Main Street in Mashpee Ma. We, the Concerned Citizens Coalition, raise the folloving objections to the Appeal placed by Mr. DiMaggio: 1) According to The Town Codes. regarding zoning, Mr. DiMaggio's property is residential. and is in violation of the zoning laws since the property is being used for commercial purposes. 2) According to The Town Codes, as quote by Mr. William Hauck, Building Inspector, a party can not appeal the zoning on property where the ownership of the property is in dispute. Mr. DiMaggio is involved in such a dispute with Randolph G. Peters. 3) Mr. DiMaggio was served a notice by the town on 8/20/93 regarding his illegal use of town property for fill and storage. Since the service of this notice. Mr. DiMaggio has repeatedly placed his equipment on town property. and has been repeatedly asked to remove it. Mr Hauck can also attest to this fact. 41 Mr. DiMaggio claims that he has the right to use this non -commercially zoned property for his business because his business has been in existence for over ten (10) years. We are requesting written proof that all of these business. several of which he doesn't have the proper permits for. have been in existence for over ten (10) years. • Another concern of the commitiee is in reference to Mr. DiMaggio's demonstrated lack of regard for public safety as veli as the rules and regulations of state and local lays. Since this is primarily a residential area, his disregard is of great concern. For example: 1) According to the Fire Marshal of the state of Massachussetts. the tanks had not been registered for several years. They were also uninsured. Mr. DiMaggio had been repeatedly asked by Fire Chief Baker to comply with storage tank regulations. According to the state fire martial. Mr. DiMaggio had to be forced to comply with the state regulations. 2) As acknowledged by William Hauck. in his letter of 8/27/93 addressed to Mr. John Doherty c/o DiMaggio Garage. Mr. DiMaggio runs several business which are not regulated under his permit to operate as a service station. thus violating the regulations of expanded use of property. In addition. the equipment used for these non - permitted businesses is the above mentioned property that infringes on the property belonging to Mr. Paul Mills and the Town of Mashpee respectively. n U