bigpatsfan
Junior Member
My State is NH
My wife and I have a small seasonal home and a couple of years ago, one of my abutters took down his existing home and put up a larger home. The abutter did have a building permit.
When the existing home was torn down and the foundation to the new home was poured, we met with the Building Inspector and Town Manager. At that time, we stated that we believe that the new home violated a number of building codes. Most notable, change of use as the home was going from a single family home to a duplex and it was a non-conforming structure as it did not meet any of the Town’s existing setback requirements. As a result, we felt that the work should be halted and the plans should go through both the Zoning Board and the Planning Board.
The Town stated we were incorrect.
Over the past two years, the home owner has worked on this new building. In the meantime, the Building Inspector was terminated and is currently under investigation for pocketing building fees. The new building inspector has decided that the now complete structure is indeed non-conforming and that the original building permit should not have been issued.
So before an occupancy permit will be issued, the Planning Board is holding a hearing regarding both the change of use and the setback requirements.
I am guessing that this hearing is just a “cover-my-ass” hearing. I cannot see the Town admitting they made a mistake and having the new building taken down (at Town cost). Meaning no mater what the abutters feel about having a duplex next to them, this is a done deal. Since this building is larger than what was there one of my abutters view of the Lake is now gone. They are looking at the back of the new building.
Note that this building is on the waterfront and apparently the Town has a clear ordinance against having a duplex on the waterfront. So it should never have been built.
Any thoughts on the above.What is the name of your state (only U.S. law)?
My wife and I have a small seasonal home and a couple of years ago, one of my abutters took down his existing home and put up a larger home. The abutter did have a building permit.
When the existing home was torn down and the foundation to the new home was poured, we met with the Building Inspector and Town Manager. At that time, we stated that we believe that the new home violated a number of building codes. Most notable, change of use as the home was going from a single family home to a duplex and it was a non-conforming structure as it did not meet any of the Town’s existing setback requirements. As a result, we felt that the work should be halted and the plans should go through both the Zoning Board and the Planning Board.
The Town stated we were incorrect.
Over the past two years, the home owner has worked on this new building. In the meantime, the Building Inspector was terminated and is currently under investigation for pocketing building fees. The new building inspector has decided that the now complete structure is indeed non-conforming and that the original building permit should not have been issued.
So before an occupancy permit will be issued, the Planning Board is holding a hearing regarding both the change of use and the setback requirements.
I am guessing that this hearing is just a “cover-my-ass” hearing. I cannot see the Town admitting they made a mistake and having the new building taken down (at Town cost). Meaning no mater what the abutters feel about having a duplex next to them, this is a done deal. Since this building is larger than what was there one of my abutters view of the Lake is now gone. They are looking at the back of the new building.
Note that this building is on the waterfront and apparently the Town has a clear ordinance against having a duplex on the waterfront. So it should never have been built.
Any thoughts on the above.What is the name of your state (only U.S. law)?