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 U.S. Attorney filed an appeal of the Wellfleet Zoning Board of Appeals decision rejecting the CCNS appeal of the Blasch del Mar, LLC building permit.  The appeal was filed in the Land Court Division of the Massachusetts Trial Court on July 23, 2008.

In a press release dated July 25, 2008, the National Park Service said:

“In the appeal, the United States requests that state Land Court rule on the authority of the ZBA to approve the building permit issued to Blasch del Mar, annul the permit, and enjoin all construction of the residence that is the subject of the permit. It further requests that the court remand the matter to the Town of Wellfleet for further proceedings, which would entail a Special Permit review process by the Zoning Board of Appeals on the intensification and increased volume proposed on a non-conforming property.”

Read the Complaint filed by the United States here.

See also “U.S. Challenges Wellfleet Zoning Ruling”, Doug Fraser, CapeCodTimes.com, July 24, 2008.

Congressman William Delahunt (D. Mass.) wrote to U.S. Secretary of the Interior Dirk Kempthorne urging the Department to appeal the Zoning Board of Appeal’s decision upholding the Blasch del Mar, LLC building permit for 1440 Chequessett Neck Road.  “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,” wrote Delahunt.  The dealine for filing an appeal in Land Court is July 25, 2008.  For the full story, see “Appeal urged on park construction permit”, Douglas Fraser, CapeCodTimes.com, July 24, 2008.

The Blasch Del Mar LLC building permit was upheld by the Wellfleet Board of Zoning Appeals in a 4-1 decision on June 26, 2008.  The Board rejected the appeals of the Board of Selectmen, Cape Cod National Seashore, and a group of homeowners.  It is not yet known whether court review of the decision will be pursued by the U.S. Department of the Interior or others.  See details in “Wellfleet Backs Decision for Disputed Building Permit”, D. Fraser, Cape Cod Times, June 27, 2008, and “Zoning Board Upholds Trophy House Plan”, M. Miller, Wicked Local: Wellfleet, June 28, 2008.

In her blog article “A Short Summary of Building in Wellfleet“, Wellfleet writer and year-round B&B owner Alexandra Grabbe laments:

“Times have changed again and more property is up for sale, including some of the original summer cottages.  The term “tear down” has crashed into our vocabulary, as has “McMansion.”  With the construction of these mega houses, Cape Cod will change forever….

“The change will destroy the very quality that attracts people from all over the world.  The McMansion craze has reached such proportions that the town and the National Seashore are joining forces to oppose a house on a dune across from the Herring River Dike.  The Zoning Board of Appeals meeting on the subject will take place tonight [June 26, 2008].  The McMansion in question is a large, sprawling edifice that will replace the torn down “Billboard House” and sully the incredible view of National Seashore wilderness, precious to Wellfleetians.”

The Wellfleet Zoning Board of Appeals held hearings on April 30 and May 1, 2008, on appeals of a building permit issued for construction of a large house to replace the “Billboard House” in the CCNS.

Appeals were filed by the CCNS, a group of Bound Brook Island homeowners, the Wellfleet Board of Selectmen, and an abutting homeowner (who withdrew his appeal). The central legal issue is whether issuance of the building permit was lawful under the Bjorklund v. ZBA of Town of Norwell case, which ruled that a proposed project which conforms to the dimensional requirements of zoning bylaws but is on a nonconforming lot is, under the Massachusetts Zoning Act, a nonconforming use which requires a Special Permit, following a determination that the project would not be substantially more detrimental to the neighborhood than the existing structure.

A second legal issue is whether the Zoning By-Laws’ Park District objective of allowing uses which are “not incompatible with the character of the park, including the preservation of natural and scenic areas”, should be considered before issuing a building permit for the Blasch project.  This issue was raised by the Selectmen’s appeal.  (more…)

A proposed 5,700 sq. ft. house on a prominent hillside at “The Gut” on Griffin Island has upset many residents because it would dominate the view of the dunes, the narrow neck of land leading to Great Island, and the Bay beyond as seen from long stretches of Chequessett Neck Road, the Herring River, and part of the Harbor. The site is in the Cape Cod National Seashore. The “Billboard House” at the site was an illegal replacement of a smaller house there at the time of the creation of the Seashore.

Here are overlay images of the project at its site (click on a photo to enlarge):

Here are satellite photos of Wellfleet Harbor with the site circled (click on photo to enlarge).

Status of the Project:  The “Billboard House” has been torn down and removed.  Appeals of the building permit by the Wellfleet Selectmen, the CCNS, and Bound Brook Island homeowners were rejected by the Zoning Board of Appeals on June 26, 2008.  For detailed reporting on the ZBA hearing, see “Wellfleet Backs Decision for Disputed Building Permit”, D. Fraser, Cape Cod Times, June 27, 2008; and on prior ZBA hearings, see “ZBA Begins Deliberation over Trophy Home Proposal”, M. Miller, Provincetown Banner, May 8, 2008, or “‘Billboard’ House Draws Crowd at Appeal Hearing”, M. Miller, Wicked Local: Wellfleet, May 8, 2008.  The United States appealed the ZBA decision to Massachusetts Land Court on July 23, 2008.

News articles and commentary on the project and residents’ and officials’ responses to it include:

“Supersized Home Design Has Wellfleet Couple in Doghouse“, S. Ebbert, Boston Globe, Sept. 1, 2008 (review of Blasch house dispute, zoning proposals)

“It’s Wellfleet AGAIN!”, Cape Cod Today, May 1, 2008 (blogger questions Selectmens’ appeal of Blasch building permit to Zoning Board of Appeal; mentions Selectmens’ legal claims and includes Town correspondence on notice requirements for amending zoning by-laws)

“Work has started at ‘Billboard’ House”, The Cape Codder, April 21, 2008 (work on septic system begins while building permit appeal is pending)

“Zoning changes eyed for trophy homes”, The Cape Codder, April 3, 2008 (Wellfleet Community Forum discussion on zoning and trophy homes)

“Historic Opportunity for Wellfleet“, B. Harold, Cape Cod Times, March 25, 2008 (opinion columnist applauds Selectmen for calling on Planning Board to protect the town and the Park)

“Blasch house permit appealed”, Banner Online, March 13, 2008 (Wellfleet Board of Selectment, CCNS Superintendent appeal building permit to Zoning Board of Appeals)

“Blasch house is flashpoint for Seashore”, Banner Online, February 28, 2008 (CCNS Advisory Board discussion on scenic and environmental impacts)

“Selectmen Rescind Vote to Refer Big House to Cape Cod Commission,” The Cape Codder, February 28, 2008

“‘Shoebox House’ Revamp Worries Selectmen“, The Cape Codder, February 15, 2008 (Selectmen review two projects for large houses in Seashore, refer one to Cape Cod Commission)

Ownership of the Project:  The property being developed is owned by a Delaware limited liability corporation, Blasch Del Mar, LLC.

Effect of the Project on Scenic Views:  The U.S. Senate Committee Report on the bill which created the Cape Cod National Seashore wrote about the views from and of this area:

Jeremy Point, Great Beach Hill, and Great Island, containing approximately 500 acres, were once separated from the Cape but are now connected to it by a narrow sand barrier called the Gut.  Aside from their intrinsic scenic qualities, these islands give one the feeling of isolation, not as a remote wilderness but as being separated from the rest of the peninsula.  From points on these islands one can view the traditional life and activity of the Cape–clam diggers along the beach, fishing boats in Wellfleet Harbor, sails in the cove, the north shore, and distant Provincetown.  (S. Rep. 87-428, 1961 U.S. Code Congr. and Admin. News p. 2212-2238 at 2214)

Do you think large-scale houses like this one, another one twice as large planned for a bayside site in the dunes on Bound Brook Island, and similar ones that could follow, will change the character of Wellfleet and the Seashore?

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