Officials move to shut down games at backyard court
DRACUT >> Town officials are moving to shut down what they now believe to be a commercial operation at 167 Betty Ann Lane, an affluent neighborhood near Old Marsh Hill Road.
According to Town Manager Ann Vandal, the building inspector last week made at least his third visit to the property. The building inspector has now issued a new cease and desist order to stop the volleyball and soccer games that have been going on since April 22.
Building Inspector Dan Mclaughlin made the visit after the May 23 Board of Selectmen meeting.
The property owner, Flavio Granda Orbes, may also be hit with a zoning violation because the games are played on a surface of approximately 5,600 square feet of asphalt pavement. The pavement may present stormwater runoff problems. Granda Orbes would then need to appear before the Planning Board for a special permit.
At the recent selectmen's meeting, Town Counsel Dave Deluca, after stating that more investigation might be needed, said, "(the town) might have enough to issue a cease and desist from commercial operations, including organized sports events, whether or not there is a fee for that activity."
He based that opinion on the amount of advertising he has seen on the internet for these events. He also cautioned that the owner has a right to appeal the action.
Granda Orbes sold his home in Lowell, located on less than a quarter of an acre, for $600,000 last September. When he sold it, it had a small volleyball court. He tried to expand the court, but the city denied a permit.
The house in Dracut came with an $850,000 price tag and just over an acre with a large yard behind the house. Betty Ann Lane is a circular street that is part of a development built about 30 years ago in the Old Marsh Hill Road area. Granda Orbes' house sits at the crest of the hill.
Problems developed with neighbors when he installed the asphalt court, complete with stadium lights, and then posted an invitation on Facebook that appealed to all Ecuadorian sports fans ("los aficionados al deporte ec
uatoriano") to his new 167 Betty Ann Lane address for games on April 22.
It seems the message was widely distributed. At one point, neighbors told town officials, as many as 100 cars lined the street. One Facebook post suggests teams of players to these events have come from as far away as Queens, N.Y.
After the April 22 event, angry neighbors attended the April 25 selectmen's meeting and the board's two subsequent meetings, pressing for action. At first, the town manager was praised for her quick response to the complaints. But at the last two meetings she has cautioned that the town is limited in what it can do.
On May 11, after a site visit by the code inspection team, she wrote a report that concluded, "There is no evidence to support the claim that a business is being operated at this residential location. The property owners have a right to entertain and have gatherings at their home. The Town has no jurisdiction unless there are public safety and noise concerns, which will be handled by the Police Department."
Her report was written well before the opinion from town counsel delivered at the May 23 meeting.
Attorney Brian Gaff, who lives on Betty Ann Lane, disputed the conclusions of that report and pointed out areas of the town's bylaws that give enforcement options for the potential stormwater issues.
Selectman Tony Archinski drew loud applause from those attending the May 23 meeting after he reported what he saw on Betty Ann Lane on Sunday, May 21.
"There is no doubt in my mind these are organized sports events. I saw referees and players wearing uniforms. I don't think it matters whether he's selling things," he said. Citing the Facebook posts, Archinski said, "He's inviting people he doesn't even know to his backyard. He needs a park to do what he's doing in his backyard."
When asked for his reaction to the town's decision, Granda Orbes said he didn't know about it. He said he is working to comply with the original order. Town officials say he's been very cooperative in the past.
Dracut selectmen received an electronic copy of the order in their email inboxes on Friday. The building inspector put a hard copy of the order in the U.S. Mail at the same time.
Recently, Granda Orbes has restricted who can view his Facebook posts, but one still visible as of Friday seemed in response to complaints about cars parked on the street. In that post, he encouraged people to park on the grass (his front yard) rather than the street.
Other posts of his are now deleted or blocked from public view. Many recent posts display a message that the content is no longer available.