Approved ZBA meeting minutes
Approved
Wellfleet Zoning Board of Appeals
May 12, 2022 7:00 pm
Remote Meeting
Attendees: Sharon Inger, Manny Heyliger, Al Mueller, Mick Lynch, Jan Morrissey, and Andy Freeman
Regrets: Wil Sullivan, Trevor Pontbriand, and Reatha Ciotti
7:00 pm
22-09 Great White Realty Group LLC, 1065 State Highway Rte 6, Map 36, Parcel 184, Appeals pursuant to M.G.L. c. 40A s. 8 from a Demand to Cease and Desist dated March 15, 2022 noting that petitioner owner it is “continuing to use the property…. as a “Contractor’s Yard” and demanding it cease and desist all activity and remove all equipment, materials, and storage containers from site. Petitioner states the Building Commissioner has no authority under MA law to order the property owner to cease “Contractor’s Yard” use, where the use is allowed as of right in the zoning district under the Wellfleet Zoning Bylaw and the property is fully conforming.
The Board consisted of Sharon Inger, Manny Heyliger, Jan Morrissey, Mick Lynch, and Andy Freeman. Chair Inger stated this is a procedural hearing as we have heard this case several times. She asked people wishing to speak to be brief and reported the Board has read all the letters received. Attorney Ben Zehnder represented the applicant and stated Land Court will make the decision on this case.
Attorney David Reid, who previously represented the abutters, went into detail regarding the bylaws and the terminology of contractor’s yard and the uses allowed. He stated the current uses on this property do not meet the bylaws. The Building Inspector sent a cease and desist order to the applicant to stop all work on the property when it was first purchased due to the clearing of the land. The applicant appealed the Building Inspector’s decision, and the Board upheld the Building Inspector’s decision to cease and desist. The applicant then went to the Interim Building Inspector and presented a modified plan for the use on the property. The Interim Building Inspector gave permission for a contractor’s yard, and the applicant resumed activity on the property. An appeal of the Interim Building Inspector was filed by abutters, and after a public hearing, the Board granted the appeal and revoked the permit issued by the interim building inspector.
Lou Wise, an abutter, stated the situation going on right now is troubling. He stated the applicant has proceeded in violation of the bylaws and in spite of the Board’s decision to revoke the permit. He stated a Court Injunction will protect the neighbors. People have lost faith in the Town because there has been no action such as daily fines to enforce the orders of the Building Inspector as well as the decisions of the Zoning Board of Appeals, allowing the applicant to proceed with their activities.
Mick Lynch stated his stand hasn’t changed and feels the applicant is in violation and not adhering to the decisions of the Town. Andy Freeman asked why the applicant has not stopped activity on the property, and Ben Zehnder stated they have the right to use the property as a contractor’s yard. He stated he has had a discussion with Town Counsel and it was agreed to get this to the Court as soon as possible. Once the ZBA makes a decision on this appeal and files with the Town Clerk, it will be sent to the Court. Manny Heyliger stated since the Building Inspector gave the applicant a cease and desist, no activity should take place on this project.
Mick Lynch moved for Findings of Fact; seconded by Andy Freeman.
This is an application under M.G.L. c 40A s. 8, appealing a Demand to Cease and Desist, dated March 15, 2022, noting that the petitioner is continuing to use the property and demanding that it cease and desist activity and remove all equipment, materials, and storage containers from the site.
The cease-and-desist order was issued after the Board ruled January 27. 2022 to revoke the applicant’s permit on the site. The findings of that decision, Case 22-02, are hereby incorporated into these findings.
The Board further references its findings in Cases 21-13 through 15 when the Board ruled on the uses on this property at its March 25, 2022, and April 8, 2021 meetings.
Based on all its previous findings and finding no new relevant information, the Board upholds the cease-and-desist order issued by the Building Inspector.
Mick Lynch moved the Findings of Fact; seconded by Jan Morrissey. VOTE: Manny Heyliger aye; Mick Lynch aye; Jan Morrissey aye; Andy Freeman aye; and Sharon Inger aye. 5-0
Business:
Mick Lynch moved to approve the April 28, 2022 amended meeting minutes; seconded by Andy Freeman. VOTE: Mick Lynch aye; Andy Freeman aye; Sharon Inger aye; Jan Morrissey aye; Manny Heyliger aye; and Al Mueller aye. 6-0.
Mick Lynch moved to adjourn the meeting at 7:30 pm; seconded by Al Mueller. VOTE: Mick Lynch aye; Andy Freeman aye; Sharon Inger aye; Jan Morrissey aye; Manny Heyliger aye; and Al Mueller aye. 6-0
Respectfully submitted,
Christine Bates
Documents: Appeal of Building Inspector