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Editor,

A hideous structure was recently erected on fragile wetlands near a building our family has owned for 94 years on Langsford Road. The reaction to everyone has been: “…how the hell did that get permitted?!”

In 1926 our family sold land to friends to build a boat house. That property was sold to Jeff Aumuller in 1979 for $5,000, then by Aumuller to Robert O’Reilly in 1986 for $20,000. The boat house was destroyed in 1993. All of us assumed local, county and State regulations would make development of this property impossible. As well, the Conservation Trust found the property significant, but did not buy it.

In 2008, a series of events came into play. Fifteen years after destruction of the building, the Town awarded O’Reilly a building permit, this despite a Land Use Ordinance stating a permit must be obtained within 12 months of destruction or removal.

Eight years passed with no definable construction progress, yet permits renewed year after year. Our Land Use Ordinances, however, state the Permittee must show “real progress” in construction.

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In August 2016, O’Reilly sells the 6/100’s of an acre with his Building Permit to JJWZ, LLC. For clarity, JJWZ, LLC is Robert and Linda Zuke. Linda Zuke also happens to be a Trustee of the Conservation Trust. Land Price with permit: $200,000.

Mr. Gilliam explains the building permits were justified as both JJWZ, LLC and O’Reilly claimed their new building would be used “exclusively for a water dependent/fisheries related business”. Per my discussion with the DEP, under No Other Circumstances would permitting have been granted.

Here is the rub. Based on observation and common sense, to assert this structure will operate “exclusively as a water dependent/fisheries related business” is disingenuous. Yes – the son of the JJWZ, LLC owners holds a lobster license. One would hope the Planning Board’s review set the bar higher than that one tangential issue! The building has no parking, no off-loading areas, no power, no water, no sewer, no lobster and seafood handling equipment and most important – – no obvious use. Any assertion this structure will operate as a “water dependent/fisheries related business” insults all of us!

Providing a legal right to build on an otherwise unbuildable lot to support a “water dependent/fisheries related business” should be possible but after very rigorous review. This technique should never be used as a sham… a ruse… to find a “legal avenue” to build a recreational structure.

In a meeting with Mr. Gilliam, he said JJWZ, LLC’s fish house is not dissimilar to one recently allowed built without controversy behind Nunan’s Lobster Hut on Route 9. Respectfully, the two situations are diametric opposites! Nunan’s fish house has ample parking, a large off-loading and storage area, lobster and seafood handling equipment and most important – a real and obvious ‘time proven’ use!

When I posed a question to Mr. Gilliam about why the Town permitted the structure, in light of the obvious shortcoming, his reply was that he could not speculate. I can. And I say demolish the building.

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Gary Eaton

Cape Porpoise


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