December 23, 2014

Essex Zoning Board of Appeals Public Hearing on Appeal of Cease and Desist Order

ESSEX— The zoning board of appeals will hold a public hearing Tuesday on an appeal of a town cease and desist order for alleged zoning violations on a property at 33 Plains Road. The hearing begins at 7:30 p.m. in town hall.

John Finkeldey, the property owner, is appealing an order issued in January by Zoning Enforcement Officer Joseph Budrow on the existence and use of a structure that was constructed without permits from the town. Finkeldey is expected to be represented in the appeal by Terrance Lomme, an Essex lawyer who also serves as the elected judge of probate for the nine-town region.

Budrow said he learned of the alleged zoning violations based on a complaint received last summer. He said efforts to resolve the issues through meetings and correspondence with Finkeldey were unsuccessful, leading to the case and desist order.

Budrow said the single-story structure was constructed without required approvals from his office, or the town health and building departments. Budrow said he believes the structure is being used as a dwelling, but much of it is located in the town’s limited industrial  zone, where dwellings are not permitted.  Budrow said there are also setback violations related to the structure and other accessory buildings on the property. Budrow said he believes there are violations of ten town zoning regulations related to the structure and accessory buildings.

Under state law, the ZBA has authority to uphold or overturn cease and desist orders issued by a municipal zoning enforcement officer. Lomme, a Democrat, was elected in 2010 as judge of probate for a nine town region that includes Essex. He is seeking a second four-year term in the Nov. 4 election in a contest with Anselmo Delia, the Clinton Republican who also ran for the position in 2010.