HomeMy Public PortalAboutStatementCUSACK APPEAL TO THE ZBA, SEPTEMBER 2016
Because of the fifteen (15) month history beginning on June 23, 2015 of Sheila A. Cusack ("Cusack"), 168 Edenfield Avenue,
reporting to Mr. Michael Mena, the Zoning Enforcement Officer (" ZEO") in writing and always with photographs clearly depicting
Mr. John Leitner's ongoing and continuous violations of the Zoning Ordinance by his ongoing and continuous operation of his
construction company business and snow plowing business out of his residence located at 174 Edenfield Avenue, and because of
Leitner's continuous and ongoing pattern of violating the Zoning Ordinance, Cusack submitted by hand a 3-ring binder to the ZED
In which was Included a letter from Cusack dated September 6, 2016 requesting consideration by the ZEO of a now new request
for Zoning Enforcement covering a series of dates of Zoning violations by Leitner along with photographs for each stated Zoning
violation from December 2015 through August 29, 2016 all depicting ongoing and continuous Zoning violations by Leitner.
Cusack now requests this 3-ring binder be made part of this Appeal to the ZBA so that the ZBA members can see
firsthand the ongoing and continuous Leitner violations along with photographs substantiating each violation and
the date thereof.
In response to Cusack's letter dated September 6, 2016 along with a Timeline (attached) to the Zoning Enforcement Officer
("ZEO") pointing out ten (10) dates on which these continuous and ongoing Zoning violations by Leitner have continued to occur
and requesting Zoning enforcement by the ZEO, the ZED responded to Cusack in an email dated 9/14/16 (attached) that he found
only "...The August date is new and is the one we have fined for, at our discretion." It is false for the ZED to state that only the
August 2016 date is new to the ZED. Cusack believes there is a lack of zoning enforcement by the ZEO as well as possible bias by
the ZEO with regards to the continuing and ongoing zoning violations by Leftner that Cusack now appeals to the Zoning Board of
Appeal to address all dates submitted on September 6, 2016 for Zoning enforcement as Cusack believes that the ZEO is once again
ignoring or minimizing the totality of Mr. Leitner's ongoing and continuous Zoning violations. There has been an ongoing
enforcement and conformance Issue by the ZEO and Leitner beginning since June 23, 2015, and together with the fact that Mr.
Leitner's Zoning violations have been continuous and ongoing, and that the actions and/or nonactions of the ZEO have been
insufficient to achieve compliance from Mr. Leltner to date, it is clear that enforcement necessitates a more forceful and
weighted directive be given to Mr. Leitner by the Zoning Board of Appeals that Leitner cease and desist from all operations from
his residence immediately, as it Is clear after 15 months that Mr. Leitner's actions will not cease otherwise.
Cusack requests therefore that the Watertown Zoning Board of Appeals find that Mr. John Leitner, owner of Leitner Construction
Company located and operating out of his residence at 174 Edenfield Avenue, Watertown, MA, has continued to violate the
Zoning Ordinance, Section 2.36 "Home Office" on a continuous and ongoing basis on a multitude of past dates between the period
June through November 2015 and beyond , as well as more recent dates including but not limited to December 21, 2015,
December 22, 2015, January 17, 2016, January 18, 2016, February 12, 2016, March 16, 2016, May 20, 2016, May 23, 2016, May
24, 2016,and August 29, 2016, and further that the Zoning Board of Appeals issue an immediate Cease and Desist Order to Mr.
John Leitner ordering him to cease and desist from operating Leitner Construction Company business from his residence, and that
Mr. Leitner be advised in the strongest terms possible that the Town of Watertown Zoning Board of Appeals will no longer
tolerate any further violations by Mr. Leitner of the Watertown Zoning Ordinance. And further that the Zoning Board of Appeals
fine Mr. Leitner $300 for each of the ten (10) violation dates shown above for a total of $3,000 as allowed under the Watertown
Zoning Ordinance, Section 9.00(d). It is also noteworthy that Mr. Leitner was given permission for a'Home Office" as outlined
In Section 2.36 of the Zoning Ordinance back in June of 2015, and not the broader permission allowed under a "HOME
OCCUPATION" as outlined In Section 2.35 of the Zoning Ordinance, which requires an Application to the ZBAfor a Special
Permit; yet Mr. Leltner's ongoing and continuous activities surpass even those brooder parametes allowed under Section 2,35,
which, most importantly also, Mr. Leitner has never sought permission for. And quite frankly, with the activities of Mr. Leltner's
construction company business, it is unimaginable to Cusack how even a Special Permit would ever be granted Leitner as his
activities far exceed what Is allowable even under Section 2.35. (Both definitions are attached as excerpted from the Zoning
Ordinance.).
Attachments: Cusack letter of September 6, 2016 to the ZEO
Timeline
September 14, 2016 email from ZEO to Cusack