A cease-and-desist order against a supposed commercial marina on Brandt Island has been upheld by the Zoning Board of Appeals Thursday, limiting the amount of work done and keeping equipment out of sight.

Jeremy Malcolm, 22 Ocean View Avenue, was issued a cease-and-desist order Aug. 29 by acting Building Inspector Wayne Fostin for all marina, welding and landscaping work. Malcolm operates a landscaping business and does repair work on neighborhood boats. Malcolm said only 20 percent of the boat work is done on his residence.

Fostin’s order claimed Malcolm’s boat operation was a commercial marina—which is prohibited by zoning bylaws—and that no special permits had been obtained for the marine, landscape or welding operations.

The order also said vehicles and equipment related to the operations were visible and subject to bylaws.

The board’s decision upholds the letter until certain requirements are made:

—   Malcolm must acquire a special permit to continue work on boats

—   Any vehicles and equipment that support boating, landscaping and welding need to be screened in compliance with current zoning bylaws

The board also determined that Malcolm’s operation was not a commercial marina.

Malcolm’s attorney, Daniel Perry, said the three categories of work happening on the property started in 1960 when Malcolm’s father, John, bought the property. Perry said the work today is allowed, as it had started prior to a 1967 bylaw restricting residential trades.

In 1961, John Malcolm led efforts to build a concrete boat launch at the edge of the property, which is used by the neighborhood.

Perry also said the Malcolm has planted seven-foot high evergreen trees to screen the equipment from view.

Attorney Richard Burke, however, said the Malcolm operation has grown outside its limits and disputed the continuance of the work being done. He said 17 boats were recently seen on the property, only five of which belonged to the Malcolm family. Burke represented Judy Crane, who lives across the street from the Malcolm property.

Town bylaws override non-conforming protection if a business is not active for three years or abandoned. Burke said Jeremy Malcolm’s time away at college and Massachusetts Maritime Academy discontinued work on the property once he became more involved starting in the 70s.

Town Counsel David Jenkins also disputed the continuous of work during that time.

Despite the claims of a commercial marina and too much visible machinery, many residents voiced their support for Malcolm.

Resident Roy Miller said Malcolm was an asset to the community who often plows roads in the neighborhood during the winter and is a general handyman for the community.

“Jeremy Malcolm has made great strides in addressing the alleged violations,” Miller said. “It’s time to address the ‘spirit of the law,’ which is to allow a resident to be gainfully employed at their home location while respecting the right of abutting neighbors to a peaceful surround.”

Resident Liz Eisenhower agreed.

“[The equipment] isn’t large or noisy,” she said. “I couldn’t function without him, and this whole thing is absolutely sad and is going to affect the quality of the area. The Malcolms don’t affect the value of our lives in any way.”

Click the links below to view the cease-and-desist order from acting Building Inspector Wayne Fostin and a reply from attorney Daniel Perry.