The Alton Town Zoning Board of Adjustment on Nov. 6 unanimously denied an administrative appeal by the owner/agent for 208 Main Street, leaving in place a cease‑and‑desist order issued Sept. 4 alleging a contractor’s yard and related outdoor storage, vehicle counts and site changes that the town says lack required approvals.
Case background
Christopher Dresser, agent for owner Robert Flannery (Alton Pittsburgh LLC; Map 31, Lot 35208 Main Street), asked the board to overturn a code‑enforcement determination and the town’s cease‑and‑desist. The applicant said the activity at the site consisted primarily of landscaping tied to work on an adjacent lot, and that several pickup trucks on site were road‑worthy vehicles used in the business rather than long‑term stored equipment.
Town position and evidence
Town Administrator Ryan Heath and code enforcement staff told the board they had negotiated with the owner’s counsel and attempted a written agreement; the owner did not sign a proposed agreement and did not meet an August 1 self‑imposed schedule. Heath told the board that Department of Transportation records show no commercial driveway permit for the property, and he listed specific zoning criteria for a contractor’s yard (outdoor storage, number/type of vehicles, off‑street parking, screening, erosion control) that had not been presented to the board.
Public comment
Neighbors and abutters gave mixed testimony: some said the property’s condition and sight lines had improved and praised the owner for maintenance; others provided photo evidence of dump trucks, stockpiled material and expanded crushed‑stone parking that they said demonstrated ongoing contractor‑yard activity and safety concerns at sight lines and sidewalks.
Board decision
Board members stressed their limited role on an administrative appeal — to decide whether the administrator’s determination was supported by the record — and not to renegotiate remediation terms. After deliberation the board moved to deny the administrative appeal; the motion carried unanimously, leaving the cease‑and‑desist in effect. The denial means the owner must work with town administration and code enforcement to resolve the compliance issues or pursue further appeals in the judicial system.
Practical implications
- DOT: The town said DOT records show no commercial driveway cut; increased trips and vehicle types were part of the enforcement concern.
- Compliance: The board noted cease‑and‑desist letters can include short compliance windows; enforcement and any negotiated remediation are now an administrative matter between owner and town.
Speakers (selected)
- Christopher Dresser, agent for the owner
- Dan Hebert, contractor/tenant on site (spoke in applicant’s defense about landscaping and a decorative retaining wall)
- Ryan Heath, Alton Town Administrator (explained DOT position and zoning factors)
- Norma (ZBA staff/code enforcement) — presented photos and timeline of site observations
Provenance (transcript evidence)
- topicintro: 00:16:00 — introduction of administrative appeal and cease‑and‑desist reference
- topfinish: 00:46:30 — motion and unanimous vote to deny the appeal and uphold the cease‑and‑desist.