CCB MEDIA PHOTOS
John Gahan speaks before the Barnstable Historical Commission about the demolition of his cottage in the historic Craigville neighborhood.
CENTERVILLE – A homeowner whose historic cottage was torn down by contractors can rebuild.
The Barnstable Historical Commission voted unanimously yesterday not to penalize a property owner whose cottage in the historic Craigville neighborhood was torn down by contractors.
The penalty would have required the owners to wait two years before receiving a building permit to rebuild.
The property owner, John Gahan, told commission members that the work by the subcontractors was a terrible mistake that was a miscommunication between the contractor and the framers.
After the hearing, Gahan said that when he saw what the contractors had done to his cottage, leaving nothing but two walls standing, he felt physically sick.
A home in Craigville Village was left with only two walls after contractors worked on it this winter.
Neighbors pleaded with the commission not to penalize the Gahans and to allow them to rebuild right away, saying that leaving the property as is would be an attractive nuisance in the neighborhood and a safety hazard, in addition to being an eyesore.
Jim Lane, president of the Christian Camp Meeting Association, which owns the common areas in the neighborhood, said that what happened to the Gahans home was enough of a penalty for them. As a direct abutter, he said he was the first one to alert the Gahans that the contractors were tearing down the house.
Before taking the vote not to issue a penalty for the work, the commission did vote that what happened on the property violated the permit that the commission issued last year giving permission for the work.
John Gahan argued that what happened was not his fault and therefore he should not be penalized.
“I respectfully disagree that in a penalty phase and that’s what we’re talking about now, that the actions of my agents, people that I hired, which are specifically outside the contract, are the actions that I voluntarily took,” he said.
That was in response to an opinion by Barnstable Town Attorney Ruth Weil that the law does not distinguish between the person who was issued the permit and whoever that person hires to do the work set forth in the permit.
