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Zoning board upholds denial of building permit for Candle Paper Lane 'Parcel E'
Summary
The Wareham Zoning Board of Appeals voted to uphold the building commissioner's determination that a residual lot in a 13‑lot subdivision (Parcel E on Candle Paper Lane) is not buildable after neighbors and the planning‑board file history indicated the parcel was to remain landscaped.
The Wareham Zoning Board of Appeals voted Jan. 28 to uphold the building commissioner's decision that a residual parcel in the Candle Paper Lane subdivision (referred to in the record as Parcel E) is not buildable.
Attorney Dennis Connry, representing the property owner, argued the parcel meets dimensional requirements and that neither the definitive subdivision plan nor the recorded materials expressly barred future building on the lot. Connry told the board that, "the planning board didn't provide that restriction" and urged the zoning board to rule the parcel buildable.
Neighbors and other residents told a different story, citing the subdivision's certificate of approval, conditions and subsequent planning‑board actions. One neighbor who reviewed original files said planning‑board conditions had required Parcel E "to be landscaped," a condition neighbors and some board members interpreted as a permanent trade‑off intended to preserve that in‑fill area as green space.
Board members debated whether the matter properly belonged to the planning board (which sets subdivision conditions) or to the zoning board's authority to review the building commissioner's interpretation of the bylaws. Several board members said the planning board's 2004 approval and the recorded conditions strongly suggested the parcel was never intended to be a buildable lot.
After closing the public hearing portion, the zoning board voted to uphold the commissioner and deny the building permit request for the parcel. Chair Nazi El Kalasi noted the decision may be appealed and acknowledged neighbors' frustration, but the board said it had to make its determination based on the documentary record and the planning‑board conditions on file.
Next steps: the decision may be appealed in court; the board indicated this issue could return to the planning board for clarification if parties pursue that route.
Source: Public hearing and exchanges at Wareham Zoning Board of Appeals, Jan. 28, 2026.
