10/23/1991 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - October 23, 1991 15 . V . Driscoll : I ' m still not satisfied with the condition #12 about the storage of boats along Riverside Ave . We asked that they not be allowed to store any boats there . You people granted them the capability of storing them except between Memorial Day and Labor Day. That ' s a matter of public safety and I ' m going to address that to the Fire Department . W. Hanrahan : That comes back to the point I was making earlier about the appeal . V. Driscoll : But it is part of the conditions . W . Hanrahan : Yes, but it is not part of the Building Inspector' s actions which is what we have to focus on. So if you presumably go to the Fire Department and then talk to the Building Inspector and then they bring action then it becomes an appeal . V . Driscoll : How about condition #15 . This is a Cape Cod Commission . . . . W. Hanrahan : The same thing applies . M. Makunas : The enforcement officer for all conditions is the Building Inspector . W. Hanrahan : It is not the Board of Appeals . The only thing we can do is to focus on his letter which is the violation letter because that is what is being appealed . V . Driscoll : I don ' t understand . These are violations . M . Makunas : We are not here to address violations . W. Hanrahan : The Board of Appeals is here to hear Mr. Burtis ' Appeal of the Building Inspector ' s action which is specific to that letter. V . Driscoll : Can I ask a question? I think the Building Inspector had a valid complaint in doing what he did and for him to be able to ask for an appeal of that is wrong . M . Makunas : You ' re denying people their rights and that ' s the process . Personally, I agree with you -- I think that all of the points in the Building Inspector' s letter are valid . They have been proven to be valid tonight . Those things were not ►net . This process, his legal right to seek relief for good reason . . . . W. Hanrahan : This process is proscribed by law. V . Driscoll : When do we get relief? W . Hanrahan : You, too, have the same rights . M . Makunas : You exercised your rights when you brought the original permit to Superior Court . V . Driscoll ; Okay, and we won in Superior Court but the Town of Mashpee doesn ' t enforce . . . . M . Makunas : Now we ' re arguing a legal decision which I 'm not prepared to do . V . Driscoll : I don ' t understand . We keep coming before you people seeking relief and we don ' t get it . M . Makunas You haven ' t come before us to seek relief .