Re: Thanks

Posted by Billy NY on September 06, 2007 at 12:11:45 from (205.188.117.74):

In Reply to: Thanks posted by dab on September 06, 2007 at 09:06:49:

It sounds like the influence is from the 10 acre subdivision as you said, well at least you know who is driving the opposition of the barn, you also need to collectively ascertain who else may be involved, know your enemy, but don't draw any attention to yourself in the investigative process of figuring out who is who. Next thing is to find out what the relationship is like between these people and the town officials, know the political climate there too.

If the zoning has not changed, and even if it did, does that mean that once changed, all existing buildings and their uses are now rescinded and must be demolished because someone got the zoning changed or was allowed a use variance within that zone which no longer allows such structures/uses. Of course not, what you describe is like someone applying for a use variance in reverse, eliminating a type of structure and it's use, which does not make much sense unless legal action was needed to be taken to rid a serious nuisance or due to some kind of horrific occurence like the compressed gas facility in Louisiana that blew up years ago, it was not allowed to be rebuilt, one example of that. It was done by emergency legislation I would assume, but a barn, should be grandfathered in, unless condemned for reason. All buildings have a set back from center line of road, old ones usually get grandfathered in, unless condemned by the state, eminent domain, which leads to condemnation proceedings.

It does not make any sense, a certain party or party's wants the barn gone, ok, hey I'd like to win the lottery too LOL, but on what grounds can they achieve this without legal action executed by the municipality. I am of the opinion it would have to be condemned first and appropriate legal action by the town or municipality taken, by the book, for it to happen, what else am I missing here or where am I off or plain wrong for one reason or another ? Forget about all that yuppy crap, heresay and whatever, get the facts on the table yourself, in an organized fashion, it may very well be that with your due diligence directed to the immediate attention to this matter, (read the zoning criteria, occupancy classifications and uses, the building codes, local laws, leglislation, the charter and anything that applies, state, county, local) you may uncover information supporting your cause, meaning the barn is not in violation of something that condemns it being there and it's use. I'd start immediately, and leave no stone unturned, you may be surprised at what you find out. You don't have to be an atty to do the leg work, at some point you may need to consult one, but do your homework first, sounds like it may be worth looking into, do it a.s.a.p. and be fully prepared well in advance of any future meetings,

I know you don't even own the place yet, you could still enter an agreement to purchase it, just make sure it is contingent on the barn staying and NOT being condemned or having to be removed, which would void the contract and be specified in same, similar to language used when a person enters an agreement to purchase a property or building, but is contingent upon planning and zoning approval, or the deal is off.

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