Robbins Report

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

Department of the Interior to appeal the Wellfleet ZBA decision

   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.

While 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.

• United States of America vs Town of Wellfeet Zoning Board of Appeals
  
• Wellfleet Selectmen on Notice of Civil Rights Violations
  
• Wellfleet's legal budget about to skyrocket
  
• Blaschs win in Wellfleet
  
• Wellfleet Chamber gets involved in the Billboard House issue?
  
• Voters' rights being challenged in Wellfleet
  
• Wellfleet: You've got a tiger by the tail this time
  
• WELLFLEET: The People Have Spoken
  
• It's Wellfleet AGAIN !
• The Bookstore Restaurant in Wellfleet May Face Closure by Town