Southport boathouse dispute continues
New chapters have emerged in the dispute over a Cameron’s Point boathouse on Southport.
At the center is a boathouse on a property owned by Diane Blasco of New Canaan, Connecticut. Blasco purchased the Stickney property with 190 feet of frontage on Ebenecook Harbor and the boathouse last fall. Due to both town and Department of Environmenal Protection restrictions, the property was sold with the understanding that the boathouse could not be updated and used for a dwelling.
Blasco secured a building permit in April to replace windows in the boathouse. Early this summer, neighbors notified town officials that there appeared to be significant activity at the boathouse, including deliveries of bedding and work beyond the scope of the permit. Since that time, some neighbors have claimed trenches have been created in the adjacent wetlands area to accommodate water and electrical service to the boathouse. The addition of cupboards, a staircase and loft have also been mentioned.
Acting on the concerns, Selectman Gerry Gamage, Code Enforcement Officer Henry Berne and Assistant Code Enforcement officer Jim Gagnon visited the boathouse and looked inside. Gamage reported seeing a mattress on the floor and two beds on frames.
In early July, the town sent Blasco a notice of violation, noting that she appeared to be using the boathouse “as a bunk house” and requiring the removal of the bedding materials.
On July 18, Blasco’s attorney, James Belleau, responded to the town in a letter stating that the nature of the building had not been changed simply by placing mattresses in a structure. He cited the town’s ordinances which describe a dwelling as a “permanent structure that provides cooking and dining facilities, sanitary facilities, sleeping accommodations and other necessities.” Belleau states that the existence of mattresses in an area does not convert it to a “dwelling.”
It was reported at a selectmen’s meeting following the receipt of the letter that the town’s attorney believed there was no actionable violation. Belleau followed his earlier letter with one dated July 26, asking the town to “rescind and reverse” the violation notice, for reasons stated in his previous letter. “If you do not, I will have no choice but to file the appeals on her behalf.” Belleau set a deadline of Monday, Aug. 1 for the town to respond in writing.
In the most recent chapter, a letter dated Aug. 1 has been sent to Blasco from Berne. In it, Berne advises her: “I am hereby withdrawing my July 5, 2016 notice of violation and replacing it with this one.”
It notifies Blasco that work done on the boathouse is in violation of town ordinance because “the building permit does not cover any work other than window replacement, and it does not cover a change in use of the boathouse.” Berne refers to the mattresses seen in the boathouse and states it is “being used for human occupancy.”
Citing the need for Blasco to obtain both a certificate of occupancy and planning board approval for nonconforming use of the property, the letter orders her to cease occupancy of the boathouse, stop using the building “as anything other than a boathouse,” and seek approval for changes from the town’s building inspector and the planning board on or before Sept. 15.
Failing to do these will mean referral to the board of selectmen for possible legal action, the letter continues,
The Register’s calls to Belleau were not immediately returned.
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