WELLFLEET — The clearcutting of trees in the Cape Cod National Seashore next to Lecount Hollow Beach did not violate town bylaws because the trees were not “timber,” argued a lawyer for the Sexton family, owners of the property, in an appeal of the building inspector’s June 15 cease-and-desist order.
During an Aug. 12 hearing before the zoning board of appeals, the Sextons’ attorney, Arthur Schulz of Osterville, asserted that “timber,” in the Wellfleet bylaw, refers to lumber that could be sold as building material. He argued that what the Sextons removed from their land was scrub pine with no value.
The ZBA was not persuaded.
Appeals board member Trevor Pontbriand said that, by Schulz’s definition, “You could clearcut the entire park. There are not many trees in the Seashore that qualify as timber in that respect.”
Former Wellfleet building inspector Paul Fowler, who now works for the town of Dennis, said some of the cut trees were 30 to 40 feet tall and certainly provided value to the Seashore district and its character.
Seashore Supt. Brian Carlstrom sent a letter of support for the building inspector’s order. “While timber is not a term used commonly today,” he wrote, “the intent of the Seashore regulation and town bylaw provide appropriate guidance in this matter and new or intensified commercial uses are not allowable.”
The ZBA rejected the Sextons’ appeal on Aug. 26.
David and Chellise Sexton of Eastham are the owners of the 24.6-acre property just south of the beach, where they operate the waterfront Cook’s by the Ocean cottage colony. The clearcutting of a large swath next to the Lecount Hollow parking lot in June alarmed neighbors like Julie Rothman, who told the ZBA, “I was completely appalled when I saw what happened there. It looks like strip mining.
“I believe they intend to profit from this clearing,” Rothman continued. “Last year I saw them charging people to park there when they could not get into Lecount Hollow Beach. It is an abomination, and they should have to remediate.”
The ZBA members seemed to agree. In her findings of fact, chair Sharon Inger said that on June 14 Kristian Sexton, David and Chellise’s son, told Fowler that the family would begin cutting trees on the property that day.
Fowler testified that he told Kristian Sexton he thought it was OK, but he needed to do a little research before he could approve it. Fowler said he called the Sextons back later that same day and informed them they would need a special permit from the planning board to cut trees along Lecount Hollow Road because it is a “scenic way.”
The Sextons spent the entire day of June 14 cutting and did not stop until mid-morning on June 15 because, Kristian’s brother Kevin Sexton told the ZBA, Fowler told them on June 14 that they were allowed by right to do so.
They were given permission to keep on chopping, Kevin Sexton claimed, until June 15, when Fowler found the section of the town’s zoning bylaw that prohibits “cutting of timber” in the National Seashore district with three exceptions: controlling brush, maintenance of pasture, and maintenance of a right-of-way.
ZBA member Mick Lynch did not mince words in his opinion. The way the Sextons ignored Fowler and kept on cutting, said Lynch, displayed “a level of arrogance that I have never seen in my time on the board. I am just astounded by it.”
Many townspeople have accused the Sextons of clearing the lot in order to charge beachgoers to park there. Last September, the Sextons ran a parking operation, prompting then Town Administrator Maria Broadbent to send them a letter warning that their activities violated the town’s bylaws.
Schulz told the ZBA that the Sextons’ intent was to enlarge the existing parking area and driveway for their cottage colony. The Sextons said the cutting was on just 3 to 4 percent of their 24.57 acres.
Inger said that, on a site visit, ZBA members observed parking by the cottages and along other parts of the lot that were already well over the 12 spots required for a property with 24 bedrooms in 18 buildings.
Inger said that all such pre-existing, nonconforming properties in the park district required a special permit to add parking. The Sexton property has been owned by the same family for 85 years, according to Inger.
It is not known whether the family intends to pursue the appeal to court. Kevin Sexton refused to say. At the same time, it is not clear what the town or the Seashore can do to get the property owners to restore the land to its previous condition. Carlstrom said the town has the primary jurisdiction over private property.
“Our options are limited,” Carlstrom said.
If the appeal goes to court, all requirements for remediation will be on hold until the case’s conclusion, said Inger.
Another recent case of clearcutting that aroused indignation has moved from the ZBA to the courts. In January, the Great White Realty Group cleared a lot at the corner of Route 6 and Old Wharf Road. Then-inspector Fowler issued a cease-and-desist order. Now, the company, whose principals are Donna and Steve DiGiovanni of Truro, is suing Wellfleet to overturn the ZBA’s decision to uphold that order.
