WELLFLEET — Kevin Sexton’s plans for two subdivisions on land he owns on Old King’s Highway have been stalled since they were submitted more than a year ago, awaiting a required review of possible effects on species protected under the state’s Natural Heritage and Endangered Species Program.
The state’s review has been completed on one of the parcels where building is proposed, but both projects took small steps forward on Feb. 12, when the town’s board of health approved preliminary layouts for the wells and septic systems on the lots.
The next step is the site plan review by the planning board. The two proposals will be considered separately.
One proposal calls for a 10-lot subdivision at 538 and 548 Old King’s Highway, a narrow eight-acre property bordered by Dow Drive and Somerset Avenue. Sexton’s second proposal, recently downsized from nine lots to eight, is on 10.3 acres at 230 and 270 Old King’s Highway. Both proposals have prompted concern from neighbors, who have followed closely since informal discussions with the planning board began late in 2023.
The state is still reviewing the filing for 230 and 270 Old King’s Highway. There, Sexton’s engineer, Edward Pesce, told health officials his client’s proposal had been downsized to ensure protection of endangered species.
Protecting Box Turtle Habitat
The planning board’s review of the planned 10-lot subdivision at 538 and 548 Old King’s Highway was expected to be taken up first at its Feb. 19 meeting, but Sexton requested a continuance, according to Town Planner Beth Pyles.
The state Div. of Fisheries and Wildlife, which administers the Natural Heritage and Endangered Species Program, had completed its study of the proposal for the subdivision and determined that the project is within the habitat of the Eastern Box Turtle, a species of special concern.
In a letter, the Division said Sexton must therefore submit a protection plan before starting any vegetation clearing or soil disturbance at the building site. The protective measures, if the state approves them, will apply to all construction activities occurring between April 1 and Oct. 31.
Layout and Density Concerns
Residents of Dow Drive and Somerset Avenue are also watching the progress of Sexton’s proposed 10-lot subdivision, which borders several of their properties. Eight neighbors attended a site walk on the property last month.
Myra Dorrell, the head of the road maintenance association for Somerset Avenue, went on the site walk and attended the health board’s Feb. 12 meeting, where she said neighbors are concerned about the density of the proposed development.
“Our street has 13 residents on it, which border the proposed development, and Dow Drive has 12 or 13 residents on it,” Dorrell told the board. She said abutting property owners worry about the proposed layout of the wells and septic systems.
“Our concern for the septic and wells grows out of our concern for the site plan as a whole, which has bowtie-shaped lots in some instances, where it’s a stretch to imagine where everything will be placed according to the regulations,” Dorrell said.
Both she and Dow Drive resident Paul Messina complained to health officials that there were no plans for the layout posted online before the meeting. “I don’t know that abutters or anyone else that’s interested has had the opportunity to review these,” Messina said.
The plans were not put up on a screen for the public to see during the meeting either, added Dorrell.
Prior to approval of the preliminary layout plans, health board chair Nick Picariello said its preliminary approval was just a first step and added that the layouts might change as various boards weigh in on the project.
“We understand they are proposed,” Dorrell said, “but we also understand that it’s important to follow these developments step by step. We’re hoping that with some input from the local neighborhood this plan can be made even better than what it appears to be.”
As the Independent reported in November 2024, the planning board asked engineers from Beals and Thomas, a firm headquartered in Southborough, to do a peer review of the subdivision plans. The review, which will cost Sexton $15,000, will confirm that the submissions meet local subdivision regulations, comply with state stormwater management standards, and address traffic, emergency access, and pedestrian safety.
The Sextons Versus Wellfleet
As Sexton seeks approval for the two subdivision plans, Kevin and his mother, Chellise Sexton, continue to pursue their legal claim that they own the land nearby on which the Fred Bell Way affordable apartments were built in 2002.
In 2017, 15 years after the apartments were built, the Sextons filed suit in state Land Court, claiming they owned the property based on a 1922 deed. The judge determined in December 2023 that the town had the superior claim, following an examination of the deeds.
A few months later, the Sextons appealed the Land Court judgment in the state Appeals Court, where it remains pending. A hearing on arguments is scheduled for March 3.
Kevin Sexton filed a separate appeal in Land Court related to clearcutting he did in 2021 on his family’s land in the National Seashore adjacent to LeCount Hollow Beach. The case is an appeal of a cease-and-desist order issued by then-building commissioner Robert Fowler and the zoning board’s subsequent decision to uphold Fowler’s order.
In this case, the town prevailed in Land Court in June 2024, with the judge ruling that Sexton did the clearing without a required permit.
In September, Sexton appealed the Land Court decision in the Mass. Appeals Court but has not yet filed required backup material.
