Robbins Report

Voters' rights being challenged in Wellfleet

Wellfleet - Please Don't Piss on My Boots and Tell Me it's Raining Out

  Thursday night will decide whether Wellfleet returns to a democracy again. Two of the players will be the Town Building Inspector Paul Murphy on the left and the Town Administrator Paul Sieloff on the right.

Zero hour for democracy in Wellfleet Thursday, June 26

Photographs and Story by Peter Robbins

Did you ever watch that commercial where the person gets slapped on the head and comments "I really should have had a V-8?" In my opinion that's what should happen to the Wellfleet Selectmen, not to mention Town Counsel.

All  letters referred to may be seen here:
First Stossel letter
Giorgio March 10 letter #1
Giorgio March 10 letter #2
Giorgio March 12 letter
Giorgio March 20 letterVoters should recall the May 1st meeting of the Wellfleet ZBA. In reviewing the tapes of that meeting, I noticed a few things.

There were some citizens who were really dedicated and concerned about what was happening to their town. I have previously made comments about Bruce Drucker, and my opinion has changed somewhat. At least he appears to be focusing on the intent of the law. Please remember, when comments are made about "Qualitative Analysis" ad nauseam I think that argument is over. I would have asked that member to please define "Qualitative Analysis." From whose perspective? His, his mother's, grandmother's, or maybe try his son, if he has one.

Sending the fox to guard the chickens

Tomorrow, the Wellfleet ZBA has the most important decision in its history.Thursday evening, the Wellfleet ZBA has the most important decision in its history to make. Despite influences from other town officials and attorneys, the decision should stand on its own.

Do what you have been asked to do without the influence of dramatics.  At this point, everyone knows I do not have a horse in this race, but citizens' rights are being challenged--not only in Wellfleet but across the board. Wellfleet may only be the beginning.

Remember the emotional presentation by Griswold "Gooz" Draz? Tears in his eyes, asking the Blaschs if they would reconsider.  He was clearly not in favor of the Blasch project. Guess what? He just was just appointed to the Wellfleet Planning Board by the Board of Selectmen who ousted a conscientious man who had the interests of Wellfleet at heart!

Where I come from, many, many generations of Cape Cod blood, that's called "stacking the deck." Is anyone keeping track of this or are we really heading backwards? I don't know "Gooz", but I would like to meet him and his abutter.  Oh, I guess that's not possible (meeting the abutter that is) but that's another story.

In politics, as in court, people do lie

"I don't like the filthy rich."
     - Wellfleet SelectmanCheck the tapes for the infamous Selectman's comment, "I don't like the filthy rich." If that doesn't make you hair stand up, well I guess you see where we are going.

As a writer, a new one at that, I have learned you don't ask questions you don't already know the answer to. Thinking back, that has always been the standard in court where I really learned about it. It's different now.

Did you know that people really do lie? Did you know that people who have something to hide sometimes don't answer the questions but pose unrelated ones? I guess I have been out of the business just long enough that I forgot! But let me tell you, I only forgot for a second.

After receiving some inside information, I was directed to the Wellfleet Town Administrator, Paul Sieloff for any requests relating to the Town of Wellfleet's issues involving the Building Inspector. Specifically, any communications or requests for information or communications contained within the Building Inspector's computer as they relate to the issuing of permits or written communications from the Town or its representatives (Town Attorney).

My original request was emailed on June 18th - a request for public information with regard to the issuing of building permits in Wellfleet within the Seashore District. In response I received a copy of an old communication, from an attorney no longer representing the town, that had nothing to do with my request.

A second request was sent to the Town Administrator containing much more specific information. Remember my earlier advice, don't ask a question that you don't already know the answer to? I forwarded Mr. Sieloff copies of some documents I already had in my possession. Guess what? The flood gates opened! And they really should have the first time I asked.

Selectmen throw their Building Inspector under the bus

I can't to this day understand why anyone would or could throw the Wellfleet building inspector under the bus. I think that way of thinking may be changing. Remember the V-8 opening comment? That's what someone should be doing to the Board of Selectmen in the Town of Wellfleet! If this issue continues there will be many other issues to follow. Conflicts of interest, open meeting law violations, and I bet the Selectmen are now pondering, "Civil Rights Violations." They just got notified, but that's another story to follow.

Tomorrow night is an important night for Wellfleet. It will define, or help define, the future of all building in Wellfleet, whether it's within the Cape Cod National Seashore Park or elsewhere.

Newly obtained information makes my stomach turn and should turn the stomachs of all Wellfleetians. The Board has to dismiss "Qualitative Thoughts" at this point. (Whatever the hell that means.)

Refer back to a previous article where I mentioned Town Counsel Elizabeth Lane of Kopelman and Paige. Her comments, or I should say lack of comments were echoed once again today. I can understand her not commenting or not returning my call today, but a sick feeling once again hit my stomach.

She was the one who told me it was raining while my boots were being yellowed! When her secretary answered, like any good call screener, she asked what the call was in reference to, I expounded. Guess what, I was referred to her voice mail, and I did leave a message. Fair warning!

Here we go! A March 10, 2008 communication from Mary L. Giorgio of Kopelman and Paige revealed the following.

Dear Paul,

You have asked for a written opinion regarding whether the "Use Guidelines for Private Property," which you provided me, are guidelines which you must enforce concerning private property within the National Seashore Park (NSP) in the town of Wellfleet. Because these guidelines have not been incorporated into the Town's Zoning by-law and because they have not been mandated by federal statute or otherwise to be incorporated into the Town's zoning by-law, you are not obligated and , indeed , are not authorized to enforce them. There are certain obligations which the Town has and which, in my opinion, the town has met, under the Cape Cod National Seashore Act, passed by Congress in 1961, and the regulations adopted by the Secretary of the Interior pursuant to the Act which Attorney Elizabeth Lane will be happy to discuss at the meeting scheduled for tomorrow night with the Board of Selectmen, the Planning Board and others, so I will not attempt to duplicate the effort here.

Mary L. Giorgio, Esq.
Kopelman & Paige, PC
101 Arch Street, F12, Boston, Ma. 02110
617-556-0007 - 617-654-1735 (fax)
Mgiorgio@K-PLaw.com

So what do you make of that one? The Town of Wellfleet's Building Inspector has done his job. Confirmed by Town Counsel, and on good standing. Not so fast ! Let's continue.

On March 20th 2008 another communication from the Town Attorney:

Dear Paul;

As I mentioned in our phone conversation, I think your reply to Ms. Swanson (sp?) As simple as possible as you don't want to get involved in legal arguments. I suggest the following:

"Recently, questions have been raised concerning the proper interpretation of the Town's zoning by-law with respect to requests for building permits for expansions of single family dwellings on undersized, grand fathered lots in the National Seashore Park Zone. I am no longer certain as to whether I have the authority, pursuant to the zoning by-law, to issue a permit, such as the one you have requested without a decision on the matter by the Board of Appeals and, consequently, I have directed that you apply to the Board for a decision as to whether you are entitled to such a permit and under what conditions."

Paul, if you don't feel this is sufficient, let me know.

Mary

Mary L. Giorgio, Esq.
Kopelman & Paige, PC
101 Arch Street, F12, Boston, Ma. 02110
617-556-0007 - 617-654-1735 (fax)
Mgiorgio@K-PLaw.com

Wake-up call for the Building Inspector

Okay, Mr. Building Inspector, if you haven't got the feeling that your going to be thrown under the bus yet, let's continue. The next communication I would like to refer to is dated Thursday June 12th , 2008. If you notice it was at 5:27PM, I waited to hear from Ms. Lane until 8:00PM, until this writing.

Without boring you with paraphrasing, I have attached the email from Kopelman & Paige referring to the Stossel building permit application. It is quite self-explanatory. It gives an explanation of the much written about Bjorklund case as well as supporting the building inspector's interpretation of the Town's by-law, and citing the building inspector as being correct.

This should be of tremendous interest to the ZBA to read prior to tomorrow's meeting as it, by opinion of Town Counsel, not only supports the Blasch's position through their attorney Ben Zehnder, but should leave no question in the minds of the ZBA or any other bodies. I will continue to follow these actions by certain people in positions of power within the Town of Wellfleet, as well as report and document violations of MGL by the people who are supposed to protect the rights of the people. I look forward to Thursday night! How much more do the taxpayers want to spend on personal agendas?

To his credit, Wellfleet Town Administrator Paul Sieloff released all these documents upon my specific request as they are all public information. I'm sure the release caused a great deal of heartburn for the firm of Kopelman & Paige, as the rumor mill has indicated. The citizens of Wellfleet should ask themselves, "How can there be so many conflicting opinions that we are paying for on one issue?" Remember that expression "If it fits, you must acquit." Is that what is going on here? Another travesty of justice.

All  letters referred to may be seen here:
First Stossel letter
Giorgio March 10 letter #1
Giorgio March 10 letter #2
Giorgio March 12 letter
Giorgio March 20 letterIn the opinion of this writer, the Town of Wellfleet Selectmen knew better, and now is the time to come to the aid of their town and withdraw the appeal of this frivolous action. Don't throw a dedicated building inspector to the wolves. You asked him to do his job and he did it, in spite of terrible and changing advise from counsel. Stand behind those you hire to represent the town's best interest, that's what they are doing!