Wellfleet National Seashore Homeowners Association

The United States and Blasch del Mar LLC are in final stages of settlement negotiations in the United States’ appeal of the Land Court’s dismissal of its challenge to the Blasch building permit.

The United States had previously been given an extension to file its brief in the Massachusetts Appeals Court.  On June 25, 2010, court proceedings were stayed until July 28 to permit final settlement negotiations to proceed.  A status report was filed on July 28, with the stay pending settlement negotiations extended to August 30.

On August 28, both the United States and Blasch filed a joint motion to stay the appellate proceedings in order to go back to the Land Court to jointly request that court to vacate its decision and to modify its judgment.  The parties have until September 28 to dismiss the appeal if the lower court decision is vacated or to report back to the Appeals Court if it is not.

See the Mass. Appeals Court docket in case 2010-P-0385 here.

The United States of America filed an appeal on March 5, 2010, in the Massachusetts Appeals Court of the Massachusetts Land Court’s dismissal of its challenge to the Blasch LLC building permit.

A Land Court judge had ruled that the U.S.A. did not have standing to appeal the Wellfleet Zoning Board of Appeal’s approval of the Blasch LLC building permit.

The U.S. was granted a second extension, until June 28, 2010, to file its appellant’s brief with the Appeals Court.

The case is docketed as 2010-P-0385.  Its status is online here.

At a Wellfleet Forum on the wind turbine project on March 1, 2010, CCNS Superintendent George Price, Jr., stated that the Seashore believes it would have legal standing to seek court review of a turbine siting decision on municipal property within the Seashore boundaries, just as it believes it does to appeal the Wellfleet Zoning Board’s approval of the Blasch LLC building permit.

Price had noted the CCNS’ missions of preserving the Seashore’s resources and conserving energy.  Specific projects, such as the turbine proposal, would be examined in light of these goals.  He will review U.S. Park Service analyses of this proposal and its effects on resources in forming the Seashore’s position on it.

On January 5, 2010, a CCNS press release said:
“Superintendent George Price stated today, ‘I am deeply disappointed that Cape Cod National Seashore received notice that the Massachusetts Land Court justice dismissed the Complaint of the USA v. Wellfleet Zoning Board of Appeals and Blasch Del Mar, LLC on December 28, 2009′  The complex zoning case commenced on July 23, 2008. The case concerned the upholding of a building permit for demolition and construction of a new, replacement dwelling triple the size of the previous dwelling at 1440 Chequessett Neck Road in Wellfleet.  The Judge found that there was not a “particularized injury” and, accordingly, the USA lacked standing to appeal.

“Price said National Park Service staff will review the particulars of Judge Trombly’s decision and consider next steps.”

On December 28, 2009, Land Court Judge Charles Trombly, Jr., ruled that the Cape Cod National Seashore did not have legal standing to appeal the Wellfleet Zoning Board’s decision upholding the Blasch del Mar, LLC, building permit for construction of a large house at a highly visible site at “The Gut” in Wellfleet Harbor in the Seashore.

Read a summary by Massachusetts Lawyers Weekly staff of the 16-page decision here.

“The size of the newly reconstructed Blasch house, which has 5,848 square feet of living area, is nearly three times the size of the original house on the lot, according to court records. It also is more than twice as high as the original house, court records indicate.

“The house’s bulk and location on a prominent vista within the Seashore boundaries had raised questions for federal officials about its legality.

“The house construction has also triggered a review by Wellfleet town officials of local zoning bylaws, with an eye toward limiting overall house size.”

      —- “Judge Upholds Wellfleet House Ruling“, Cape Cod Times, December 31, 2009.  See also, “Blasches Win Lawsuit, ‘Trophy Home’ Will Stay“, Wicked Local: Wellfleet, December 31, 2009.

For photos of the Blasch del Mar, LLC, house under construction in the fall of 2009, see here and here.

The Town’s Natural Resources Advisory Board is reviewing the Town’s great ponds and is seeking homeowner input in its preparation of a management plan for these ponds.  These ponds are within the Gull Pond and Great Pond complexes plus four others.

All but one of these ponds in Wellfleet lie within the CCNS.  Under state law, towns have jurisdiction over great ponds within their boundaries.

The NRAB has identified several issues for the management plan, including water quality, shoreline access, and shoreline and Town landing use.

NRAB Chairman John Riehl has written to homeowners on these ponds inviting observations, concerns, and suggestions for action.  Responses may be sent to him at Town Hall or delivered directly at an NRAB public meeting, which occur monthly at Town Hall.

Several studies regarding the feasibility, impacts, and funding of the Town’s proposed wind turbine near White Crest Beach are available on the Town’s website, as well as a map of the site.  They include a Preliminary Site Analysis by the UMass Renewable Energy Research Lab, a Feasibility Study by Black & Veatch, a Flicker [shadow] Analysis by the UMass Wind Energy Center, a PowerPoint presentation of the Funding Overview, and the 2008 Zoning Bylaw.

Several speakers raised questions about the proposed wind turbine to be built near White Crest Beach and about the CCNS’ position regarding the turbine.

See “Wind Turbine Plan Meets Resistance in Wellfleet“, by Kaimi Rose Lum, Provincetown Banner/Wicked Local:Wellfleet, November 29, 2009.

The Town has posted the Assessors’ Atlas FY2010 online, allowing property owners to view large-scale maps of all property parcels in Wellfleet.

Individual parcel assessments have long been available on the Assessors’ website.