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-2- <br /> in reviewing the Mashpee zoning by-law, section 5. 1 , 1 find a checkered <br /> past as to continuity of use. The taxi business was discontinued, I can find <br /> no registration of the oil business which is a change of use, the trucks were <br /> parked across the road on conservation land in Sandwich; and with the trucks <br /> off the property and out of town it leaves us in poor position to presume a <br /> business use. <br /> If a use is unknown (no trucks on the property) , use is presumed to <br /> be what it appears to be (residential) and conforming, therefore, how can <br /> it be a continued use. In addition section 5.3 refers to a discontinued non- <br /> conforming use losing its .usage and shall thereafter conform. If Mr. Costa <br /> did park the truck on his property at one time, he had parked them off-site <br /> (Sandwich), and has just recently parked them on his property again. <br /> As to Mr. McCarthy's standing as a complainant, I feel it is irrelevant <br /> since once we have knowledge of a violation it is incumbent upon us to follow <br /> through, zoning by-laws 14.3. <br /> In summary: <br /> 1 .) 1 cannot find a validation for grandfathering <br /> 2. ) 1 find the requirements were in effect from the commencement of <br /> his business <br /> 3.) 1 cannot find registration with any board for compliance for the <br /> oil business nor for that matter any for the taxi business <br /> 4. ) Under zoning by-laws sections 6, item 1 , paragraph 2, 1 find: <br /> a. a violation for more than one commercial vehicle <br /> b. a violation for each truck (2) over two tons each <br /> 5. ) Under zoning by-laws, section 6, item 1, paragraph 6, 1 find a <br /> a violation: <br /> a. no special permit was issued and now a plan review is required <br /> under present code <br /> Therefore, we are citing Mr. Costa for violation of the Town of Mashpee <br /> Zoning By-Laws, section 6, item 1 , paragraph 2 (3 violations) , and section 6, <br /> item 1 , paragraph 6 (one violation) . The effective date of the violation is <br /> February 18, 1988. On such date Mr. Costa is ordered to discontinue the <br /> illegal action and abate the violations within (14) fourteen days (March 3, 1988) , <br /> at which time enforcement will commence under zoning by-laws, section 14. <br /> Mr. Costa has recourse under the same zoning by-law, section 14. <br /> Sincerely, <br /> Z,6 CGr <br /> William Hauck <br /> Assistant Building Inspector <br /> WH/pw <br /> cc: Manuel Costa <br />