1988 JAN-JUL-ZBA APPEALS - Laserfiche WebLink

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FEB - 81988 I aivn of C aglipeE TERRY, DUNNING & TERRv A P. O. BOX 1108 n�e�e MASHPEE. MA 02649 February 4, 1988 Terry, Dunning & Terry Michael A. Dunning P.O. Box 560 Mashpee, MA 02649 RE: Manuel Costa Assessor's Map 16, Parcel 94 Dear Mr. Dunning, Our letters have crossed in the mail. This is in reply to your letter of January 28, 1988, and references to your letter of January 26, 1988. The violation notices issued were for zoning violation. I have checked the Board of Appeals file and do not find that a special permit or variance was issued. Under M.G.L. , chapter 110, section 5, it is required to register a business under a name other than the persons name. This does not have a thing to do with zoning, and in our case nothing more than an indication of a business being run. In our files we find that a business certificate was obtained by Cheryl Y. Costa, April 2, 1974 for a taxi service and a statement of dis- continuance was filed, April 22, 1977, for the taxi service by Manuel E. Costa, Jr. , with power of attorney. This voided any protection under M.G. L. , chapter 40, section 7. The oil business was a complete change of use for which I cannot find that Mr. Costa had filed with any board. In the 1973 zoning book, section 6, item 1, paragraph 2, recaps verbatim the present code, therefore when Mr. Costa switched to an oil business he was in violation of that section. Also he cannot be grand- fathered in any sense since he has parked the trucks out of Town for long periods of time. Also in the 1973 zoning book, section 6, item 1, paragraph 6, reads verbatim. This deals with using a portion of a dwelling for an off premise LInaddition tion, providing there is no external change which alters the residen- pearance of the building. Oil trucks alter the residential appearance. this required a special permit from the board of appeals.