11/04/2004 DESIGN REVIEW COMMITTEE Minutes (2)

Home Browse Search

y y_ SIDNEY HELM BERG P.O. Box 1785 Mashpee,MA 02649 (508)477-5298 September 15, 2004 Jamie Regan, Chairman Mashpee Zoning Board of Appeals 16 Great Neck Road North Mashpee, MA 02649 . RE: Requests for Re-vegetation and Nullification Under Applicable Law In Re Harwich Concrete Block Dear Mr. Regan, In deliberate and contemptuous violation of promises made, and of the criteria and conditions spelled out in S. P. #97-35, Christopher Wickstrom cut down a beautiful screen of evergreen trees on Echo Road to provide on-street parking to compensate for the lack of off-street parking which he cannot provide in connection with his business. Further, trees have been destroyed on the O'Brian property across the street by Harwich's agents, servants or employees. Our bylaw provides"In commercial and industrial districts, any land within the side and rear lot lines shall have, at a minimum, a (10) foot vegetated buffer either in its natural state or in accordance with a landscape plan approved by the Design Review Committee with the recommendation made to the Zoning Board of Appeals or the Planning Board." I do not have this citation handy at the moment,but I am sure Russ Wheeler can provide it. Of course, this is only another manifestation of the litany of Wickstrom violations outlined in the undisputed facts that I have asked your board to find. Pursuant to the authority vested in your board and the building inspector under Article XVM Sec. 174-104, you are requested to issue a notice of violation to Christopher Wickstom and Christoper Cushman, his landlord, to abate these violations forthwith, and upon their failure to do so, invoke your mandatory obligation to institute legal action or proceedings on behalf of the town to correct, restrain, abate or punish the"violations". You are of course again urged, pursuant to Article XVIII Sec. 174-106, to revoke what has proven to be a vexatious and unconscionable special permit based upon failure to realize that, by no stretch of the imagination could this outside wholesale operation be classified as a use "for the retail sale of merchandise".