Richard J. and Carol C. Spera - Page 19

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          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 the                 





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