News

By John Pacenti

The resident who declared war on Ocean Ridge’s height restriction on hedges said the Town Clerk’s Office put him and his family in danger by telling police that he made a threatening comment while dropping off a permit application.

The clerk’s office, however, insists that Jay Wallshein made a threatening remark.

Wallshein and his two children, ages 5 and 2, were in the backyard of a house he is renting on Island Drive South when police arrived at 11:30 a.m. on Oct. 11. His mother-in-law, who is from Kazakhstan and doesn’t speak English, was too frightened to open the door, he said. One officer, Jimmy Pilon, left a business card.

Wallshein said the situation was akin to the clerk’s office swatting him — that is, calling the police under false pretenses to intimidate a person. “It’s bullying,” he said.

“They’re coming to the house. They have guns on them, they are armed, and they think that I made a threat, or they are suggesting or considering the possibility of it,” Wallshein said. “This is how people get hurt and die.”

In September, the town apologized to Wallshein for forcing him to cut his 16-foot clusia hedges at the home he is renovating on Marlin Drive.

After receiving a citation for his hedges, Wallshein went around town cataloging and filing complaints on every residence with a hedge over 6 feet. Town Attorney Christy Goddeau then discovered Ocean Ridge actually had no restriction on hedge heights.

Wallshein has asked for repayment for the mistake. He says a bulldozer had to be brought in to remove the cut-down vegetation, tearing up the lawn and his sprinkler system. He says his backyard now “looks like the face of the moon.”

Town Clerk Kelly Avery, responding to statements Wallshein made in a story published about the dispute in early October in The Coastal Star, said Wallshein was not truthful about their interactions, making her look bad.

“Like I’m just sitting here taking money and doing whatever, that I don’t care about this town,” Avery said. “I care about this town very much.”

Town Manager Lynne Ladner said no formal complaint was made from the clerk’s office to the police.

“The clerk did speak to others, including the police chief, about the concerns that the front office staff had in relation to the frequent and not always positive interactions that they were having with Mr. Wallshein,” she said.

Ladner added, “He does seem intent on utilizing a large amount of the town staff’s time for issues that he is bringing forward.”

Police Chief Scott McClure said clerk office employees Lindsay Winters and Danielle Buzzetta told police Wallshein made a comment about the bulletproof glass and how “somebody could shoot through it.”

“I had a sergeant and officer go there to make contact to say, ‘Hey, did you say this? And if you did, you know that’s not an appropriate thing to say in a public building,’” McClure said. He said Wallshein didn’t break the law since his alleged comment wasn’t implicitly about violence.

When Wallshein discovered Pilon’s business card at his door, he called the officer back and heard about the accusation. Wallshein told the officer he commented on the glass because he was installing glass at his Marlin Drive home and that he never said anything remotely threatening.

“It’s their word against his word at this point, but it’s a moot point for me,” McClure said.

Maybe not.

Wallshein on Oct. 16 went back to Town Hall to discuss the matter with Avery, videoing the interaction. Avery had another clerk employee taking notes by pen and paper of the interaction.

In the video, Wallshein asks Avery about the complaint to the police.

“No complaints were made about you,” Avery says.

“Two cops don’t just show up at your house unless there is a complaint,” Wallshein responds. “It’s called swatting.”

Wallshein continues, “I make a comment saying, ‘Wow, that’s a beautiful piece of glass,’ and someone says I’m nervous, and two cops show up. That’s weird.”

Avery responds, “I don’t believe that was the comments that were made.”

Wallshein asks for a meeting with Avery and Ladner, at a later time, saying, “I don’t think you would like two police officers showing up at your house.”

“No I wouldn’t,” Avery says.

Wallshein then asks Avery “Did I ever use a threat here?”

She says, “Nope.”

Wallshein then asks, “Have I always been congenial?” Avery’s answer cannot be heard clearly in the video.

Avery on the video is trying to move Wallshein along, saying she has work to do. Her comments, thus, may have been designed to appease him so he left. She did not return an email seeking comment on the video.

Wallshein said the accusation remains absurd. The day of the alleged threat he was in casual attire and just asked a general question while dropping off a permit application.

“I have a family in Ocean Ridge, right? Two kids, one’s 5, the other is 2 years old — like the least conspicuous person you think of for, you know, being a threat.”