Westport Zoning Board Extends Compliance Deadline for Cease and Desist Order Amid Complex Zoning Debate
- Meeting Overview:
The Westport Zoning Board of Appeals meeting on October 16th was dominated by a discussion about a contentious cease and desist order related to commercial activities on Sodom Road, a property held by the Joyce B. Sylvia Revocable Trust. The board ultimately decided to extend the compliance deadline for removing commercial materials from the property to December 31st, highlighting the intricacies of distinguishing between agricultural and commercial use under local zoning laws.
The meeting began with an administrative appeal by John Sylvia Jr., Linda Gada, and Kenneth Sylvia, trustees of the Joyce B. Sylvia Revocable Trust, challenging a zoning enforcement officer’s determination. The officer had issued a cease and desist order after observing commercial activities, including the parking and operation of tanker trucks for pool water transport and the stockpiling of landscaping materials like mulch and gravel, all of which violated the zoning bylaws for a residential agricultural district.
John Sylvia Jr. expressed frustration with what he perceived as inconsistent enforcement, stating, “If one has to leave, they all have to leave.” He mentioned plans to transition the land to an Agricultural Preservation Restriction (APR) by June 1 of the following year, which would necessitate the cessation of all commercial activities. Len Potter, representing AJ Potter and Sons, testified about their compost mixing operations on the site, indicating efforts to clear a 4,000-yard stockpile of materials by the APR deadline.
The focus was on whether operations like storing and selling firewood and compost were permissible. Participants argued that some materials, such as firewood sourced from the property, could be considered agricultural products. However, the board ultimately concluded that the stockpiling and processing of materials brought in from outside the property constituted commercial use and were in violation of zoning regulations.
A key point of debate was the seven-day compliance period originally stipulated in the cease and desist order. The board considered whether this timeline was reasonable given the volume of materials on the property. One participant noted the challenge of removing large piles of materials quickly.
In the end, the board denied the appeal challenging the cease and desist order but granted an extension for compliance until December 31st. The decision emphasized the need for the removal of materials brought onto the property, while allowing the continuation of agricultural activities like processing wood from existing trees on the property. The board also stipulated that operations should occur only during regular business hours, as specified by the town’s bylaws, to minimize disruption.
The meeting also addressed a petition for the expansion of a dental office on Sanford Road. Representing Dr. Shashadri of DMD LLC, Peter Solino presented the case, assuring the board that the expansion would not be substantially more detrimental to the neighborhood than the existing non-conforming use. The board considered concerns about the proximity of the expansion to nearby wetlands. Solino confirmed that wetlands were flagged on site plans and that any issues would be addressed by the Conservation Commission. The board approved the expansion on the condition that it adhered to the presented plans, with the understanding that no patients would be treated in the upstairs rooms designated for administrative use.
Additionally, the board discussed a proposal to amend its procedures, allowing the vice chair to preside over meetings even when the chair is present. This change aims to provide training opportunities for the vice chair. The board also explored the participation of alternate members in voting, deciding they could vote on less contentious issues upon majority approval from regular members.
Concluding the meeting, the board proceeded with the nomination of officers for the upcoming year, resulting in unanimous support for Roger as chair and Ray as vice chair.
Jim Hartnett
Zoning Board Officials:
Gerald Coutinho, Roger Menard, Constance Gee, Barbara Pontolilo, Raymond Elias, Cynthia Kozakiewicz, George Stelljes, Maria I. Branco (Zoning Board Administrator)
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
10/15/2025
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Recording Published:
10/15/2025
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Duration:
85 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Bristol County
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Towns:
Westport
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