WENDELL — The Wendell Zoning Board of Appeals has denied an appeal of a cease-and-desist order regarding what it has deemed as a private junkyard at 131 Lockes Village Road.
Andrew Hamilton appeared before the board on Feb. 8 to challenge information Building Inspector Phil Delorey submitted to the town. Hamilton spent 40 minutes during the public hearing scrutinizing Delorey’s report, which includes photographs of Hamilton’s property.
Don Bartlett, John Craddock and Adam Zaykoski, the ZBA’s three members, each voted to deny Hamilton’s appeal request. According to the board’s findings, Hamilton has a right to appeal the decision. He can give notice of appeal to the town clerk within 20 days of when the decision was filed, which was on Feb. 27.
The findings also state town bylaws prohibit private junkyards, which are defined as “Land or structures used to store, process or maintain those items which would otherwise be stored, processed or maintained at an approved Commercial Junk Yard, for a period greater than 30 days; use of land or structures less than 250 congregate square feet in area for items to be recycled shall not be considered a private junkyard.”
According to the ZBA’s findings, items on the property are scattered over an area of about one half-acre, exceeding 250 square feet. The items include washing machines, baby carriages, a partially disassembled hot tub, and pile of lawn chairs in disrepair. The findings state essentially all items seem to be partly disassembled, non-operational or not in current use and exposed to the elements, as they would be in a commercial junkyard.
At his public hearing, Hamilton referred to himself as an inventor who repurposes materials and said he was sorting through the material on his property and deciding what he can use in his “agricultural endeavors.”
But the findings state the photographs in the building inspector’s report show no garden plots, raised beds, turned soil or any other sign of active agriculture.
“Based on evidence presented, such growing activity as there may be would be more consistent with no more than the scale of home gardening, rather than a proper agricultural endeavor,” the findings state.
Delorey issued the cease-and-desist order on Nov. 14, 2016.
You can reach Domenic Poli at: dpoli@recorder.com or 413-772-0261, ext. 258.