Robbins Report

Wellfleet Selectmen on Notice of Civil Rights Violations

Wellfleet- Blasch's Initiate Investigation of Board of Selectmen

   This is the view of other trophy houses which the Blasch family sees from their building site.

Attorney for Blasch Family Puts Wellfleet Selectmen on Notice of Civil Rights Violations

Photographs and story by Peter Robbins

As the saga continues, one has to wonder if there are more personal issues than professional standards being applied by certain selectmen in the Town of Wellfleet. Of real concern was a June 27, 2008 email circulated by Selectman Dale Donovan. Selectmen Donovan recapped the June 26th ZBA hearing and most disturbing should be the last paragraph of the email.

" The next round of this fight is to get the Seashore to go to Court. We are meeting with them and with our attorney in this matter in executive session next Tuesday."  -Donovan"The next round of this fight is to get the Seashore to go to Court. We are meeting with them and with our attorney in this matter, Jon Witten, in executive session next Tuesday. I am prepared to help raise money for their appeal, organize a blitz of our Federal Legislators and the Chair of the Seashore Advisory Committee (Ron Kaufman). We must also turn our attention to the Planning Board and revised Zoning Bylaws because we are totally exposed to a rush of Building Permits for very large houses. We have too much momentum on the issue to relax now."

A law unto themselves?

Excuse me for saying this, but didn't the ZBA just shoot down the selectmen's appeal of the building permit issue? Where is the momentum? The most obvious momentum is what a certain few people in power seem to be putting a tremendous amount of energy and town tax dollars into. This issue is becoming far too personal, in this writer's opinion, and apparently in the Blasch's Civil Rights Attorney's opinion as well.

A letter from the firm of Marcus, Errico, Emmer & Brooks dated June 20, 2008 was delivered via courier to the board. (See the four-page letter attached at the bottom of this post.) 

Attorney Thomas Moriarty, of the firm, puts the selectmen on notice for potential claims against the Board of Selectmen for violations of the Blasch's civil rights under the Fourteenth Amendment of the United States Constitution, and Articles I and X of the Massachusetts Declaration of Rights. Further stating "such violations give rise to liability under both 42 U.S.C.-1983 and M.G.L. c,12 s 11H & I. Among the basis of liability is the undeniable fact that the selectmen have intentionally treated the Blasch's differently from others similarly situated without any rational basis.

Selectmen accused of:
"Illegitimate political motives", " an apparent effort to gain favor from a small but vocal minority", "The Selectmen's decision to treat the Blasch project differently for political reasons is most certainly illegitimate." See letter below. I guess you could say it has gotten personal! Moriarty goes on to mention, "Illegitimate political motives", " an apparent effort to gain favor from a small but vocal minority", "The Selectmen's decision to treat the Blasch project differently for political reasons is most certainly illegitimate." It gets better, "Mr. Wood's comments about due process are of no more solace to Blasch than the frontier sheriff's promise to give the accused a fair trial before hanging." The communication is definitely worth the read. Issues such as the Board of Selectmen intimidating and coercing the ZBA, then the bomb! The conduct of the Board of Selectmen and its counsel in such regard was entirely inappropriate and subjects the Board of Selectmen to liability under MGL c 12 s 11H & I.  Could that be why Attorney Lane was part of the last Selectmen's Executive Session? Maybe just some simple explaining.

Getting personal? I would say so! Getting documented? Without a doubt! Moriarty goes on, "Blasch has initiated an investigation, and will continue to investigate, the full scope of the Board of Selectmen's actions in this regard."

I would say it was time to sit down and iron this matter out. Oh, I forgot that has been going on at your expense for a while now. I was happy to see that the request was made to preserve all communications whether paper or stored electronically relating to this matter.  I will also make available everything that capecodtoday.com has, if necessary.

Just wondering? Whose McMansion would be viewed from the Blasch's front windows across the way?