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United States of America vs Town of Wellfeet Zoning Board of Appeals

Department of the Interior to appeal the Wellfleet ZBA decision

wellfleet_zba600_600
   The Wellfleet Zoning Board of Appeals at the meeting earlier this month which resulted in the United States suing the board to undo its decision.

Text and photo by Peter Robbins

Just when you thought there was some finality to the process, and Wellfleet was going to do its best to make changes to avoid future complications, Uncle Sam steps in! In a July 23, 2008 letter from Congressman William Delahunt to the Secretary of the Interior Dirk Kempthorne, Delahunt urges the Department of the Interior to appeal the Wellfleet Zoning Board of Appeals decision of the issuance of the building permit for the Blasch house at 1440 Chequessett Neck Road. Delahunt states, "a decision that is inconsistent with the building standards of the Cape Cod National Seashore and opens the door to widespread abuse." A copy of the July 23 Delahunt communication was just obtained as well as the suit filed in land court. Click on the link above to read the letter.

usa-vs.-zba_485While it appears the needs of the few may have more impact than the needs of the many, the Secretary of the Interior, through United States Attorney Michael Sullivan, filed the multi-page suit the same day. (click on the image on the right) It appears a little strange to read The United States of America plaintiff, and Town of Wellfleet Zoning Board of Appeals (each individual named) as well as Blasch Del Mar LLC named as defendants.

The last page of the suit, under "Request for Relief" states: "Therefore, the United States requests that this court review the decision of ZBA, which is the final decision of the Town of Wellfleet, and requests that the court:

A. Issue a declaratory judgement that the ZBA was without authority to approve the building permit issued to Blasch del Mar, and in violation of M.G.L. C 40A S 6 and the Town of Wellfleet By-laws, Section 6.1;

B. Annul the permit issued to Blasch del Mar; and

C. Enjoin all construction of the single family residence that is the subject of the permit at 1440 Chequessett Neck Road.

D. Remand the matter to the Town of Wellfleet for further proceedings."

The suit is redundant in its additional claims, all arguments we have all heard before. Somehow, you have to wonder what the real issue is here. It goes without saying, Wellfleet probably should have addressed any ambiguities or conflicts with by-laws and National Seashore issues long before the Blasch project, but now the Town has "Big Brother" watching very closely.

Delahunt's letter goes on to say. "If the Department fails to act - and if the construction of this home is left unchallenged - it will open the door to additional large-scale construction projects that will significantly erode the character of the Seashore. The controversy raises valid questions about the adequacy of Wellfleet's zoning by-laws and their compliance and consistency with federal regulations and state law."

If the people of Wellfleet were polled, I feel confident that most would agree with the Congressman regarding the adequacy of Wellfleets's zoning by-laws. So what's the next step? Many believe that this suit will be lost by the "United States of America." If so, does the plaintiff, (the good old USA) have to pay attorney fees, damages and so forth?

Just how much does all this cost? You the residents of Wellfleet have a right to know. So far it has been your tax dollars doing all the work. Now it has reached the next level and is costing everyone. Dollar amounts will be part of a follow-up article, bet on that!

What do you think it is costing the Blaschs? Some may not care, but many do. I agreed with Mark Forrest, Chief of Staff for Congressman Delahunt, on several issues, and we agreed to disagree on others during an interview today. "We want to establish a level playing field that is for the good of everyone within the Seashore District. One where the towns by-laws and the Seashore objectives are met and defined clearly enough to avoid an issue like this one in the future." No one could disagree with that statement.

Now come the Blaschs. They followed the rules, went above and beyond with requests from various regulatory boards within the town, obtained a by right permit and proceeded with de-construction. I grant you, at their peril, should additional appeals be filed. There were, and the permit was upheld once again. Now comes the intimidation factor of "Big Brother." The United States of America is asking the court to annul a by right building permit that was issued, challenged and upheld, stating that the Wellfleet ZBA was without authority to approve the building permit issued to the Blaschs. Imagine, the Wellfleet ZBA was without authority to uphold their own building permit!

Read the complaint here as a PDF.

Check the Robbins Report for previous articles on the Wellfleet ZBA below.

26 comments
Blog posts and comments are entirely the thoughts and ideas of the people who write them and in no way represent the views of CapeCodToday.com, eCape, Inc., or its employees or owners.

07/25/08 @ 9:01 pm
pennyroyal [Member] writes:
Wow. The saga continues...
07/25/08 @ 9:54 pm
wise [Member] writes:
What a waste of taxpayers money! Hope Dale and the rest of you behind this are happy..now we can pay more taxes and blame you for it!
07/25/08 @ 10:01 pm
pennyroyal [Member] writes:
Amen, wise, amen
07/25/08 @ 11:07 pm
cw rice [Member] writes:
Mr. Robbins, can you make available a pdf copy of both the compliant and Congressman Delahunt's letter to the DoI? Did Mr. Forrest provide you with the relational as to why the congressman choose to take pen and hand and write the Secty. of the DoI?
07/26/08 @ 8:20 am
crusader [Member] writes:
Let the rich contine to ruin Nantucket sound with monstrosities...ns belongs to nature..just like Kline, the elitist homeowner should eat the costs ..not the town. The board has not been equipped to handle an ambush by team of crooked lawyers who saw a way in to bully those who protect town interests...sick of the rich forcing their egos on those of us who don't get preferential treatment by way of checkbook...I hope they loose it all in stocks and bonds how do you think they get most of their money? By ripping off you and me ...what goes around ..this guy wants to build a development for his friends ... Ccvoice eludes to that july issue ins. Mogul who developed land from his previous residence wake up ... Bill D is right to step on it.
07/26/08 @ 8:45 am
wavemaker [Member] writes:
This is amusing.

Delahunt's letter is dated the same day that the appeal was filed -- I'm betting that his office got a heads up from DOI, then decided to jump on the record to appear as though he was instigating it.

Of course, his letter contains several factual errors and he it is entirely false that there is anything in the zoning bylaw that is inconsistent with the CCNS regs -- as has been pointed out several times here before.

But this does provide an opportunity for some to repeat their paranoid rants about the rich and teams of crooked lawyers and preferential treatment and rip-offs -- all without any basis in fact (other than the rich part -- but let's just hate them for their success).

This suit will be dismissed within 6 months.

All the town has to do is what they've had the power to do all along -- change their zoning bylaw.

Any news of activity on that front??
07/26/08 @ 11:53 am
videopaul [Member] writes:
Time to lawyer up.
07/26/08 @ 2:13 pm
Solon [Member] writes:
Is Delahunt claiming there are Weapons of Mass Construction in Wellfleet?
07/27/08 @ 10:34 am
wise [Member] writes:
Ok, this is off the subject..but for you wellfleetians who visit the town dump: did you know that all the recyclables are being given to the catholic church to help the building fund? I have nothing against churches but please, we have several low income people in town and elders who need help. Wouldnt that money be better spent in helping our own citizens?
07/27/08 @ 11:25 am
cw rice [Member] writes:
Wise: I have no reason to doubt your statements, so if in fact that is happening it may be improper, if it involves other than clothing, returnable bottles, or swap house items. Once recyclable items are 'given' to the Town, they become Town property an asset. Town property can not be given away, without authority. Which typically comes from voters at Town Meeting, or state law. The voters have approved Town Bylaws and the BOH has approved regulations; see A. 3, §7 of the Town Bylaws and Sections 1000, 1002 & 1003 ¶¶ 4 & 5 of the BOH Regulations. The BOS acts through the DPW in custody of that asset, and if its being given away, other than as allowed in A3, §7 and BOH S1003, ¶¶ 4 & 5, than it is possibly being disposed of improperly by the DPW/BOS. If the befitting party of this act is a religious order, than there may be a violation of the separation of church and state. Bottom line, an asset can not be given away, it most be sold in the best interests of the community, unless approved otherwise. This is a question for Mr. Sieloff, Town Administrator to answer.
07/27/08 @ 12:05 pm
wise [Member] writes:
It is returnable bottles. So I assume that is a proper thing for the DPW to do? It just surprised me to know where they were going. I always thought they were for a school. Thanks for your response.
07/27/08 @ 12:26 pm
cw rice [Member] writes:
BOH Regulations "Section 1003 ¶5. An area at the Transfer Station will be provided for non-profit organizations to place bins for the collection of refundable beverage containers."
One could debate or question, if the intent of the regulators in forming that regulation was to allow for any Section 501 C (3) entity (non-profit org.) or to limit them in some way (that old separation issue, i.e. is the Town promoting a religion by allowing them to have a bin?) the language is broad and non-restricting. I can say that in other communities that do this, it is mostly school related activities that have bottle & can collection bins, i.e. band, sports boosters etc. and town libraries. I have not seen any that benefited a religious org. on town property. I have see many of these types of collection places (bins) on church property, after or before a service you drop off your discards of daily life.
Perhaps some of the Wellfleet social programs or school programs being operating with reduced funds should set up their own collection bins?
07/27/08 @ 12:30 pm
cw rice [Member] writes:
Although the regulation doesn't seem to require it, it might be prudent for the DPW to require a sign indicating the non-profit that is benefitting from this placement. Since the bottles & cans are being placed directly in the bin by the individual, the ownership of them never goes through the town, but goes directly to the bin holder.
07/27/08 @ 1:16 pm
wise [Member] writes:
It seems at the very least there should be a sign.
07/27/08 @ 5:00 pm
cw rice [Member] writes:
Wise: I agree, a call to Mr. Sieloff, TA should make that happen, it is not an unreasonable request unless there are those in government that would prefer that effort not to be named.
07/27/08 @ 5:27 pm
Monponsett [Member] writes:
It won't happen, but it'd be cool if the court decided to have them settle it by a group Tug O War.
07/27/08 @ 6:35 pm
nonresidenttaxpayer [Member] writes:
Finally the Federal Government steps in to protect the National Seashore. These people deserve all the headache they have coming to them. One would think that maybe after everything they went through with the town they would pause, think about if it's worth it to upset everyone they intend to retire and just build something smaller? Who knew that paying to disrespect ones neighbors was a delicacy for the rich and tasteless.
07/27/08 @ 6:48 pm
cw rice [Member] writes:
Ms. Monponsett: In the words of the late 'Shel' Silverstein, "I will not play tug o' war. I'd rather play hug o' war. Where everyone hugs instead of tugs, Where everyone giggles and rolls on the rug, Where everyone kisses, and everyone grins, and everyone cuddles, and everyone wins."

Now wouldn't that be grand!
07/27/08 @ 6:54 pm
cw rice [Member] writes:
In this matter, I think another visit with 'Shel' Silverstein is in order and his poem works well,

“All The Woulda-Coulda-Shouldas
Layin' In The Sun,
Talkin' 'Bout The Things
They Woulda-Coulda-Shoulda Done...
But All Those Woulda-Coulda-Shouldas
All Ran Away And Hid
From One Little Did.”
07/27/08 @ 8:33 pm

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