Do Not Reward Rule Breaker - Letter
By: JOHN S. ELLIOTT, August 11, 2014
I was very pleased to read in the August 1 edition of the Enterprise that some of the members of the Falmouth Planning Board are reluctant to grant trash hauler Carl Cavossa expanded use of his yard, including early morning hours and more equipment.
As correctly pointed out by chairman Patricia Kerfoot, Mr. Cavossa has been “disingenuous” by not seeking the board’s approval to modify his 2002 permit before he unilaterally made changes including adding buildings, adding vehicles and equipment, adding unapproved trash disposal and increasing hours of operation. In contrast, board member Ralph Herbst suggests that Mr. Cavossa be given a six-month trial period to operate despite
Mr. Cavossa’s track record of utter disregard for rules and restrictions.
Does Mr. Herbst think Mr. Cavossa will comply with his permit after the test period or will his business just continue to “evolve” as Mr. Cavossa’s lawyer, Jeffery Oppenheim, describes the violations?
Ms. Kerfoot wondered what type of precedent it would set for other businesses if the planning board approved Mr. Cavossa’s application knowing that he had violated his earlier permit.
The answer is clear. Had the building commissioner enforced the 2002 special permit, Mr. Cavossa could have been fined over $1.3 million ($300/day, 365 days, 12 years). The planning board should not give incentives for anyone to ask for forgiveness rather than permission.
John S. Elliott