Private property fight in Swanzey

[dawn]

Maybe someone might be interested in trying to help this poor guy out?

Article from Keene Sentinel:

Tuesday, October 30, 2007

Owner battles to stay in home
Swanzey zoning at issue in dispute
   

Anika Clark
Sentinel Staff


SWANZEY — With a gravelly voice, full mustache and a sort of Civil War-era air about him, David A. Webster doesn't look like the type to identify with a Meg Ryan chick-flick.

But with his right to stay in his home being challenged by a local official, he's recently taken to calling himself "Sleepless in Swanzey."

Webster, 54, is the owner of a home at 292 Flat Roof Mill Road, a tiny house sitting on about 1 acre of property and pocketed within a blanket of trees.

He bought it this spring, he said, with the hope of converting a portion of the property into a furniture workshop.


      


These hopes were dashed in August when he tried to register his vehicle at Swanzey Town Hall and was told, he said, that he isn't a resident of the town.

What followed was a letter in September from Swanzey Code Enforcement Officer James W. Weston, telling him that his home is in violation of Swanzey land-use regulations and that he had to stop living there immediately.

"I said, 'What do you mean I can't live in that house?' " Webster said of his initial reaction to the news. " 'I bought the house.' "

Weston declined to give any comment about Webster, since the case is under appeal.

But in his letter, dated Sept. 13, Weston cited the following violations of the Swanzey Zoning Ordinance:

The minimum size for a septic system for a new, single-family home must be designed for a three-bedroom residence that meets state and local building codes. The minimum size of a septic system of any other new building must meet current regulations dictated by the state.

The minimum size for a new "dwelling house," or an existing building proposed to be altered or used as a home, must be 540 square feet on the first floor.

Webster's home, built in 1935, was listed by Century 21 Thackston & Co. in Keene as containing a single bedroom and measuring 448 square feet.

"The property in question was in existence prior to the Ordinances becoming effect (sic)," Bedford attorney Susan H. Hassan, who represents Webster, wrote in her Oct. 15 appeal to the town. "Therefore any deficiencies would be grandfathered under the new ordinances."

In the appeal, she argues the ordinances refer only to the building of new homes — or the altering of old ones — and therefore shouldn't apply to Webster in the first place.

"If the code enforcement officer believed that such defects had existed on the property in question, then a Notice would have been sent to the previous owner of the home," she wrote. "No such Notice was provided."

The home was previously owned by Beatrice and Patricia Couhig of Pennsylvania, according to Swanzey property records.

Webster said he believes former owners are now deceased, and he purchased the home from an elderly heir down South.

"There (were) lawyers everywhere," he said. "Nobody said nothing ... How can Thackston/Century 21 sell you a house that you can't live in?"

Richard H. Thackston 3rd, who owns the firm, said he wasn't aware of any problems and echoed Webster's attorney's arguments about grandfathering violations.

"You could probably find a bunch of houses in North Swanzey that don't meet the current criteria," he said.

"It strikes me as odd that the town would even make an issue of this," he said, unless Swanzey had decided to draw the line on this one property, at this particular time and in this particular way.

Howard Dicey, the Realtor whose name appears on the home's listing, declined to comment on the matter, other than to point out that the property was listed as a "cottage."

The home, listed as a "cottage/camp," was used by its previous owner on a part-time basis, according to Webster. Like other part-time dwellings, he said, he found directions about how to turn off the water and close the place up when one leaves.

By contrast, he'd intended to use the place year-round.

Hassan said she's not sure whether this distinction might make any difference under Swanzey's zoning ordinance. But, she said, she sees no indication that it should.

And Thackston said "cottage" and "camp" are descriptions of a building's structure, not a zoning category.

In the meantime, Webster waits in limbo for his case to go before Swanzey's zoning board.

"It's kind of hard at the moment. Yeah, so I'm not doing real well. I'm not sleeping," he said. "I'm not public enemy No. 1. I'm the furthest thing from that there is."

And as autumn temperatures drop from chilly to freezing, Webster said he has no fall-back plan if he loses his home.

"This is where I live," he said. "I have to get this ready for winter."

Anika Clark can be reached at 352-1234, extension 1432, or aclark@keenesentinel.com.

[Kat Kanning]

That sucks! 

[Pat K]

Hey this guy should OBEY THE LAW!


Why have not our protectors dragged him away yet?

You know we have these laws for everyones safety!

[SpeedPhreak]

These hopes were dashed in August when he tried to register his vehicle at Swanzey Town Hall and was told, he said, that he isn't a resident of the town.

What followed was a letter in September from Swanzey Code Enforcement Officer James W. Weston, telling him that his home is in violation of Swanzey land-use regulations and that he had to stop living there immediately.

Why isn't he a resident of the town?

If he isn't a resident or his property isn't in their jurisdiction - "their law" shouldn't apply anyway... don't you think?

[David]

I couldn't find any info on this as a followup.   

[Pat McCotter]

David Webster was two days late filing his appeal.

PDF
SWANZEY ZONING BOARD OF ADJUSTMENT MINUTES - Nov 19, 2007

SWANZEY ZONING BOARD OF ADJUSTMENT MINUTES - Dec 17, 2007

Don't know what happened since then. A phone number for D Webster at the address in the first post can be found her.
http://www.userinstinct.net/detail-16684-49156407.htm

[David]

Thanks Pat.  Finally got around to reading the relavant parts in the Swanzey minutes.  Stupid asses.  All they were concerned about was their stupid rules and regulations.  Poor guy.