1988 JAN-JUL-ZBA APPEALS - Laserfiche WebLink

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TERRY DUNNING TERRY COUNSELORS AT LAW BY HAND Mr. Michael Makunas, Clerk Mashpee Board of Appeals P.O. Box 1108 Mashpee, MA 02649 Re: Appeal of Decision of Assistant Building Inspector Manuel Costa Assessor's Map 16, Parcel 94 Dear Mr. Makunas: Please be advised that the undersigned, as attorney for Mr. Manuel Costa, hereby appeals the decision of the Assistant Building Inspector, dated February 4, 1988, and attached hereto as Exhibit A, in accordance with Massachusetts General Laws Chapter 40A, Section 8 and Mashpee Zoning By-Laws, Section 14. As grounds for the appeal herefor, the undersigned states the following: 1. The present use of Mr. Costa's premises which includes overnight parking of two oil trucks exceeding two tons is a protected pre-existing non- conforming use under Mashpee Zoning By-Laws Section 5.1 and, as such, may be continued notwithstanding the decision of the Assistant Building Inspector. 2. The present use of Mr. Costa's premises are protected from any subsequent action at law to alter the same by virtue of the provisions of Massachusetts General Laws, Chapter 40A, Section 7, which requires an action to enforce an alteration to be commenced within ten years from the alleged violation. Mr. Costa's use of the property as it relates to its current use began in 1973 and the subsequent statute of limitations has run. Thus, no action may be taken by the Assistant Building Inspector to enforce the attached decision and its present use is protected by law. ROUTE 28 • P.O. BOX 560 • MASHPEE, MASSACHUSETTS 02649 • TEL. (617) 477-6500 • TEL. (617) 255-7816 MICHAEL A. DUNNING / RICHARD L. TERRY / ROBERT E. TERRY KEVIN M. KIRRANE / ELIZABETH A. McNICHOLS / PAMELA E. TERRY PETER R. HICKEY /JEROME J. FORMAN / KATHERINE C. ROSSMOORE / BRIAN F. GARNER