WENDELL — The man appealing a cease-and-desist order concerning items on his property criticized the Wendell building inspector’s report, saying it as irrelevant, misleading and inaccurate.
Andrew L. Hamilton, of 131 Lockes Village Road, appeared before the Wendell Zoning Board of Appeals on Wednesday to challenge information Phil Delorey, the building inspector, submitted to the town. Hamilton spent 40 minutes during the public hearing scrutinizing Delorey’s report, which includes photographs of Hamilton’s property. Hamilton went page by page to explain his objections. He also said the report is exaggerated and repetitious.
ZBA Chairman Don Bartlett said his board has until March 27 to render a decision about the appeal, though he hopes to announce a decision within roughly a week.
Delorey told the board the town has received several complaints over the past year and a half, and the accumulation on Hamilton’s property can be clearly seen from the street. Hamilton said Delorey merely photographed “stuff he doesn’t like.”
Delorey’s cease-and-desist order on Nov. 14, 2016, deems Hamilton’s property as containing a private junkyard in violation of Wendell’s zoning bylaws. He states bylaws prohibit land or structures from being used to store, process or maintain any items that would otherwise be stored in a commercial junk yard for more than 30 days and over an area greater than 250 congregate square feet.
The order cites a Nov. 10 site inspection as yielding debris over an area approximately tens of thousands of square feet. It states the materials include inoperative machinery, equipment or devices, tires, a partly disassembled hot tub and an inoperable school bus filled with discarded items, as well as scrap metal, office furniture, televisions and dozens of bicycles.
The order required Hamilton to stop using his property as a junkyard and to remove the material within 30 days.
Hamilton referred to himself as an inventor who repurposes materials. He said the hot tub is turned upside-down because he is currently not using it and the photographs showing debris inside the school bus on his property are irrelevant because that pertains to housekeeping that doesn’t impact anyone else.
Bartlett asked Hamilton what he believes his neighbors think of his property and Hamilton replied that is irrelevant. Board member John Craddock asked how much area Hamilton uses and Hamilton said he uses as much as he can.
Hamilton said he has been sorting through the material on his property and deciding what he can use in his “agricultural endeavors.” He said he produces mushrooms, grows strawberries and plans to raise rabbits, pigs and fowl.
Bruce Darling, Hamilton’s stepbrother, spoke for Hamilton and said his mother owns Hamilton Orchards and some of the business’s equipment is on his stepbrother’s property so he can work on it.