October 30, 2014

33 Plains Road Cease and Desist Order Rescinded with “Path to Zoning Compliance”

ESSEX— A town cease and desist order issued earlier this year to resident  John Finkeldey for alleged zoning violations with a structure at his 33 Plains Road property has been rescinded after Finkeldey agreed to file applications with the zoning commission to resolve the zoning issues.
The action by Zoning Enforcement Officer Joseph Budrow came Tuesday, the day the zoning board of appeals was scheduled to reopen a public hearing on the order that began in June. After months of discussion with Finkeldey that followed a complaint, Budrow last winter issued an order charging that Finkeldey had built a structure on the property without permits from the town, and that the structure was improperly being used as a residential dwelling in the town’s limited industrial zone.
During a two-part hearing before the ZBA where he was represented by local attorney Terrance Lomme, Finkeldey maintained the structure had been in place for more than three years without enforcement action from the town, a lapse that would make it a legal, non-conforming structure. The issue of residential use in the limited industrial zone remained unresolved when the last public hearing recessed on July 15. Lomme also serves as the elected judge of probate for the nine town region.
Michael Wells, lawyer for the ZBA, distributed a report from Budrow that was received Tuesday advising the board the cease and desist order had been rescinded. Budrow reported that a recent meeting between he and zoning commission attorney Peter Sipples with Finkeldey and Lomme had established a “path to zoning compliance” that would end the alleged zoning violations. Budrow advised that the zoning commission had concurred with the decision to rescind the cease and desist order.
Under the agreement, Finkeldey would be required to apply with the commission for a zone change from limited industrial to residential for a section of his property, and to apply for a resubdivision that would separate the disputed structure from the rest of the parcel. If the zone change and resubdivision was approved by the commission, the zoning issues on the property would be resolved. Budrow could not be reached later this week for further comment on the resolution of the case.