WARREN — Building Official Bill Nash issued a summons ordering John Bettencourt, owner of landscaping business Touisset Home and Garden, to come before Warren Municipal Court on Dec. 9 to resolve building code violations after the landscaper began construction on a fabric structure on his property without necessary town permits.
But that isn’t the only infringement for which Mr. Bettencourt has been documented. Starting in May, Mr. Nash issued letters to Mr. Bettencourt informing him that he was violating town zoning regulations after a neighbor complained about activities on the property. The neighbor alleged the property is taxed as farmland but Mr. Bettencourt had been clearing the land and improperly renting the space to the owner of Alves Landscaping.
In late September, Mr. Nash told Mr. Bettencourt he would need to go before the zoning board to get a non-conforming use permit since only one business is zoned to use the Barton Avenue property. However, during the September zoning board meeting, Mr. Nash said a proper site plan — a document necessary to issue the legal non-conforming use permit that would allow Mr. Bettencourt to rent out his property — was not provided by Mr. Bettencourt.
Mr. Bettencourt has argued that because the commercial use of his property pre-dates zoning restrictions, he is not bound by the town’s zoning laws. The town acknowleges his right to run a commercial operation in a residential zone, but not his right to expand that operation.
After much discussion in September, the Bettencourt application was continued to the Oct. 21 zoning board meeting, without Mr. Bettencourt receiving a special use permit.
“There was supposed to be more information brought in,” said Ben Ferrazzano, chairman of the zoning board.
But Mr. Bettencourt did not attend the October zoning board meeting. Because he did not show, Mr. Ferrazzano said, “the application was withdrawn without prejudice.”
Warren Police Sgt. Kenny Medeiros said he delivered the summons to Mr. Bettencourt’s home within the past week. He said Mr. Bettencourt appeared “bewildered.”
Mr. Nash would not comment on the details of the summons or whether Alves Landscaping is currently operating out of Mr. Bettencourt’s property.
