HomeMy WebLinkAbout1997 Jul 09 - Letter from Feldman & Gamerman, PC to Cash's Trucking Re: Illegal Dumping -� G� GC� � ��� � �
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LAW OFFICES OF J U L 1 1 1997
FELDMAN&GAMERMAN,P.C. HEALTH DEPT.
- 50 CONGRESS STREET • BOSTON,MASSACHLJSETTS 02109 ..
SAUL J.FELDMAN
]AMES P.GAMERMAN (61 j1)523-1825
LOU R ALIBERTI TELECOPIER(617)523-4370
July 9, 1997
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VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED#P 572 590 950
AND FIitST CLASS MAII.
Ensign"Buddy"Cash and Cash's Trucking,Inc.
280 Union Street
Yarmouthport,MA 02675
Deaz Mr.Cash and Cash's Trucking,Inc.:
Please be advised that this office represents George J. Fantini,Jr., Lhe owner of the va.cant parcel
of land at the corner of Thacher Shore Road and Vesper Lane,Yar�nouthport. Our firm has been
engaged by Mr. Fantini to represent him in connection with your illegal and unauthorized -
dumping of excavated materials on his property. •
Without the consent of Mr. Fantini, you have dumped several truck loads of d rock, clay and
sand on Mr. Fantini's property in violation of numerous laws and regulations. This illegal
dumping of materials excavated from another location has caused severe damage to trees and
vegetation. _ . .
Mr. Fantini has expended considerable effort and expenses in preparing this lot for sale,
including complete engineering studies and plans for the installation of a Title V septic system
on a portion of the premises now covered by the excavated materials iliegally dumped by you.
Your illegal and improper actions may require extensive and expensive re-engineering of the
septic system; it shall obviously increase the cost of installation. My client shall hold you liable
for all such increased costs in addition to all other damages. There are currently several
prospective buyers who will find the impact of your unauthorized dumping a significant
negative. If it is determined that damage has occurred through the reduction of price, delay in
sale or otherwise,we intsnd to hold you fully responsibie.
You have caused damage to our client which is actionable. Town of Yarmouth officials have
been informed of your misdeeds and have been asked to take appropriate action. Criminal
violations may also have occurred. The district attorney's office shall be contacted to determine
if criminal prosecution is appropriate. Our client has every intention of protecting his interests
which have been damaged by your illegal and improper dumping. He reserves all rights under
the law. ,
This is a� serious matter. You have aclrnowledged your wrongdoing to Mr. Fantini. Your
actions were deliberate and taken with full knowledge that the land owner's permission had not
been sought, much less granted._ You can not claim ignorance or honest mistake.. Your failure
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to Il1�N�DIATELY remove all materials dumped on our client's property and to restore the
property to the same condition as prior to your illegal acts shall compound the damages suffered �
by our clien�
Any delay in resolution of this matter will most certainly exacerbate the damages akeady
occurred. We therefore urge that you immediately contact Mr. Fantini to discuss immediate
corrective measures and damages.
Having been forewarned, kindly govem yourself accordingly. This letter is written without
prejudice.
Very truly yours, �
James Gamerman
cc: Town of Yarmouth-Mr.Brad Hall, Conservarion Commission
Mr.Bruce Murphy,Board of Health
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