- 19 - evidence in the record. First, the building permit application identifies the intended use of the Ashland Building for farm and storage. Second, the August 22, 1995, Certificate of Occupancy identifies the type of property as "commercial and residential year round". Third, the insurance records for the Ashland Building do not reflect an intent to use the structure as a melting facility. Nancy Weingartner, an employee of the Hartford Insurance Co. and underwriter for the Hempstead and Ashland properties, testified that the business listed for the Hempstead property is that of general refining and smelting and the business listed for the Ashland property was that of an office. Petitioners attempt to explain these inconsistencies. As to the building permit application, Mr. Spera stated in a sworn affidavit that, in obtaining the building permit, the builder misidentified the intended use of the Ashland Building as farm and storage. He further testified that he did not complete the building permit application, nor did he enter the total cost of the building or its intended use. Instead, it was Mr. Abresch, the builder and co-owner of Huntersfield, who completed the application after Mr. Spera affixed his signature. As to the Certificate of Occupancy, Mr. Spera testified that the reference to "residential" referred only to the occasional use of an apartment. And as to the intended use of the Ashland Building as identified in insurance records, petitioners claim that thePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011