City panel rejects Ken Karl's appeal of house razing

The city’s decision 14 months ago to raze a historic house that building inspectors condemned got the backing Friday of an appeals panel weighing the owner’s complaint that the demolition came out of the blue and wasn’t necessary.
“The public safety does come first,” said Bruce Lydem, chairman of the three-person Building Code Board of Appeals.
Ken Karl, who owned the 313 Main St. home knocked down under orders from the city, said he plans to file an appeal with the state building code overseers. If he doesn’t win there, he said, he can take the issue to court.“It’s a process,” Karl said. “It will go forward.”
Karl argued to the city panel that Building Official Guy Morin’s decision to demolish the house in November 2007 was arbitrary and that he applied the law in an “unreasonable, unjust and unfair manner.”
But the city building code appeals panel said they didn’t see anything amiss with the way Morin handled the case.
Blake DellaBianca, a member of the board, said that Karl raised “a lot of issues that are not relevant.”
In addition, he said, it’s hard to go back over four years of complex interaction between Karl and the city to determine what happened, particularly since the house is gone now.
DellaBianca said that he believes Karl had plenty of notice that the house could be razed and failed to act on it.
“It doesn’t seem to me that he took the proper action to forestall” the razing of the 180-year-old house, DellaBianca said.
Given the problems with the structure, he said, “I don’t think Mr. Morin had any choice for the safety of the public.”
The city gave Karl “plenty of time” to take action, said Edward D’Amato, Jr, another member of the appeals panel.
Karl said afterward he never got any notice that the city planned to raze the house. He found out about it only after the wrecking crew had come and gone, he said.
The city sold the Federal-style house and the property to Karl in 2004 for $1, with the requirement that he move the house from the east side of Main Stree to a lot on the west side – a move required for completion of the library addition project.
Within months of the move, city leaders began fighting with Karl over what they perceived as his lax pace in renovating the structure.

Here is Ken Karl's website about the issue.

Here is the initial story about the demolition.

Here is what Guy Morin had to say about the issue shortly after the house's demolition.

Here is a Chronology of Events prepared by Guy Morin.

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Copyright 2009. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

Ken Karl seeking to sue city over demolition of historic house

See his website for details.
Ken Karl told me yesterday he's aiming for justice from city officials that he believes tore down an important Main Street home without cause.

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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

313 Main St. Chronology of Events

TO: Bristol City Council

FROM: Guy R. Morin, Chief Building Official

SUBJECT: Order to Demolish

RE: 313 Main Street

DATE: November 13, 2007

The following is a chronology of events leading up to the demolition of the structure on the property known as 313 Main Street, Bristol, CT.

1) The first building permit was issued on 6/14/2004 to “Transport historic structure to new location on Main Street. Building moved on or about June 24, 2004. Completed and closed.
2) A second building permit was issued on 11/15/2004 for: “Foundation for existing 25 X 41 house with a rear 16 X 25 capped addition (no structure above)”. Completed and closed.
3) A third building permit was issued on 8/30/2005 for a 8 X 8 front porch was never constructed, so it expired after 180 days per section 105.5 of the State Building Code.
4) May 21, 2007 - I spoke with Mr. Karl about the status of the structure. Advised him that there wasn’t a valid building permit to allow him to work on the property. He stated that he intended to make a museum.
5) June 4, 2007- Memo to Jeff Steeg regarding conversation with Mr. Karl on the progress of the project.
6) June 25, 2007 – received copy of memo from Jeff Steeg to Mayor Stortz.
7) I’m on vacation from the 4th of July until July 21st.
8) August 3, 2007 – Met Mr. Karl at property advised him again that he needed to “declare” the use of the property and apply for the applicable permits. He said he understood.
9) August 6, 2007 – Sent first warning letter to Mr. Karl re-affirming our conversation on the 3rd.
10) August 14, 2007 – City Council Meeting, Council expresses concern regarding the status of the property.
11) August 23, 2007 – Site inspection of property with Don Angersola (Building Inspector) where we observed numerous structural defects from work performed by Mr. Karl. Warning letter was sent certified and posted on property detailing violations.
12) August 27, 2007 – Memo from Mayor Stortz to Attorney Krawieki regarding the possible demolition of the building.
13) August 28, 2007 – Memo to Corporation Counsel from me detailing that day’s site inspection regarding the temporary safeguards I had installed and my conversation with Mr. Karl.
14) September 12, 2007 – E-Mail from me to Jeff Steeg reporting a conversation with Mr. Karl in this office regarding the submittal of plans prior to the issuance of a Building Permit.
15) September 14, 2007 – E-Mail from me to Jeff Steeg with attached memo requesting a meeting with the Mayor and Corp. Counsel because of my concerns that Mr. Karl did not understand basic construction practices and someone may be injured on the property.
16) Note from Mayor on my September 14th memo expressing his concerns.
17) September 28, 2007 – Memo to Jeff Steeg summarizing the lack of comprehensive building plans and my anxiety about Mr. Karl’s competency.
18) September 29, 2007 – E-Mail from Mayor Stortz directing Jeff Steeg and I to resolve issues.
19) October 3, 2007 – Memo to Mayor from me directing the Demolition of the building.
20) October 3, 2007 – Certified letter to Ken Karl “Notice of Condemnation” along with copy of the memo to the Mayor.
21) October 18, 2007 – Two letters from Ken Karl, one dated October 2nd, the other dated October 15th. The letters do not provide any of the information required to stop the demolition of the building.
22) October 19, 2007 – Letter from me to Mr. Karl, outlining the entire enforcement events which lead up to the order to demolish, and a last opportunity to stop the demolition by taking some valid actions.
23) November 8, 2007 – Re-inspection of the building with Officer Thomas Lavigne present. Rear section of building had partially collapsed, still open to weather from holes in the roof resulting in the failure of large sections of ceiling. Floors dangerously sloped, and there is additional indication that Mr. Karl has removed more structural support members. We find evidence of someone occupying structure, building not secure and there are empty food containers as well as a bed with obvious personal items. I call Greg Laviero of Laviero Construction and we survey the building. We come to a consensus that the structure has had a catastrophic failure and cannot be repaired. I order the building immediately demolished and authorize the work to take place.

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Copyright 2007. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

Ward was out of the loop on house razing

Staff writer Jackie Majerus reported:
Mayor Art Ward said the demolition of the historic home on Main Street last week was “highly unusual.”
Ward, who served seven consecutive terms as a city councilor before taking the oath as mayor on Monday, said he didn’t learn of the demolition, which took place Friday, until the next day.
“I was not aware of it,” said Ward on Saturday, “until this morning.”
Ward said the city-sanctioned teardown of Ken Karl’s house was the first time in 14 years of public service, Ward said, that the city had a building demolished that he didn’t know about in advance.
That made for a situation that Ward called “highly unusual.”
“I’m somewhat surprised that the building came down like that and word didn’t get out,” said Ward.
On Friday about 2:30 or 3 p.m., Ward said, he was in the mayor’s office, talking with outgoing Mayor William Stortz. He said Stortz never said anything about the demolition going on.
“He didn’t mention it,” said Ward.
City Councilor Frank Nicastro said he first heard about the demolition on Friday, while it was in progress.
Ward said he was aware of the situation with Karl, but didn’t know of plans to demolish the house.
“The city has been trying to work in conjunction with Mr. Karl,” said Ward. “There’s been very little progress.”

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Copyright 2007. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

Oldest Main Street house owner "shocked" **updated at 2:15 Monday**

Without providing the public any opportunity to protest the decision, the city knocked down the oldest house on Main Street last week.
“It’s unbelievable. I’m in total shock,” its owner, Ken Karl, said Monday. “There’s no other word but bizarre.”
City officials and Karl have clashed for years over the slow pace of renovations on the Federal-style house at 313 Main St. which the Plymouth developer moved across the street in 2004 to save it when a library expansion project threatened it.
It appears that city building officials, who have been under pressure from politicians for years to crack down on Karl, condemned the house some weeks ago. But the records were unavailable Monday, because of the holiday, and departmental officials could not be reached.
Mayor William Stortz said the house was deemed unsafe by the city building department. "It was condemned," he said.
Stortz said Karl was given the chance to bring city officials a plan for correcting the problems.
"Apparently he didn't," said Stortz, who said Karl's overall project was "woefully inadequate."
Karl, who learned about the destruction of the house two days after it lay in ruins, said there was more than $40,000 worth of donated material inside, include high-end kitchen cabinetry, that’s apparently gone.
“That house was filled to the gills,” Karl said.
Karl said he had no idea the city had any intention of razing the building it sold to him for $1 back in 2004 when he saved it from the wrecking ball. The city had planned to knock the house down in order to have more parking for the library.
He said, though, that he received a certified letter a few weeks ago that warned him the house would be demolished if he didn’t take measures to satisfy the building department’s concerns. Karl said he didn’t take it too seriously and thought it “was really weird.”
“I just assumed they were blowing smoke again,” Karl said, because the letter offered no avenues for appeal and appeared to be so far over the top that he couldn’t imagine that it was a legitimate threat.
He said that it appears the city government operates “in an alternative universe where there is no due process” and its decisions can’t be challenged or questioned.
“This is really sad,” Karl said, calling the destruction “the Bill Stortz retirement act.”
Karl said that the current troubles began about a month and a half ago.
He said he was “just working away on the house” when building department officials stopped in and told him he needed a different building permit to keep going with the work, one for a single-family home home. A new building code had changed some rules, Karl was told, but copies of it were not available.
Karl said he got hit with a “stop work” order on the house on September 22, the same day he applied for the permits.
After that, he met a few times with city officials at City Hall and at the house. Karl said he was “jumping” for Building Official Guy Morin, but kept having new roadblocks thrown in his way.
Sometime after that, Karl said, officials raised questions about the plans he had for the steel beams holding up the house, which were new, and a back wall that had been vandalized. He said he supplied plans, but officials apparently were not satisfied with them.
Karl said, though, that he took out a mortgage on the property this year and it passed inspection for that. A structural engineer in Hartford also presented plans that showed the house was safe, he said.
He said he considered the ongoing spat with the building office “minor” because he was looking at a long-term project to restore the house “on a budget” over the course of years.
Why that plan was cut short, he said, he doesn’t understand.
Stortz said that once officials were aware of the problem, the city "had to do something.”
What happens next is unclear.
“I’m definitely not going to become a rice planter with my new empty lot,” Karl said. “I may go up there and plant some flowers.”

History of the house
The Federal-style house the city razed last week was built about 1820 by one of Bristol’s early clockmakers, researchers said.
Cheryl Barb, a Federal Hill resident with a passion for historic preservation, found that a slew of prominent Bristol residents have lived in the house over the years, including 19th century notables Titus Roberts, Elisha Brewster, Joseph Camp, David Hawley and Dr. Roswell Hawley and his widow Jane Hawley.
Roswell Hawley was a son of Joseph Roswell Hawley, a prominent Civil War general and former governor.
More recently, it was the childhood home of artist Glo Sessions.

The fate of other historic houses
2007 – A Farmington Avenue farmhouse that had stood for more than 200 years was hauled away in pieces to allow construction of a new Taco Bell.
2006 – Lake Compounce ripped down the 200-year-old homestead of Gad Norton, the founder of the nation’s oldest amusement park because it wanted to put a storage barn on the Lake Avenue site.
2002 – Two historic houses near St. Mathew’s Church in Forestville were demolished for a church complex that hasn’t yet been built.
2001 – The Bristol Housing Authority knocked down the 215-year-old Mark Lewis house on Jerome Avenue to make way for a new administrative office.


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Copyright 2007. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

City knocked down oldest house on Main Street today

I have no details, but somehow the city declared the 313 Main St. house unsafe and knocked it down today.That it was done without warning or any publicity at all says an awful lot.
Here's the last story I wrote, from July:

Three years after Plymouth developer Ken Karl scrambled to move the oldest house on Main Street out of harm’s way, the city is increasingly determined to retake possession of the 187-year-old Federal-style home.
Karl’s been working on rehabilitating the 313 Main St. house ever since, making sometimes painfully slow progress.
But City Hall is fed up with the pace – and officials claim they’re ready to force Karl to return the property to city ownership.
“It’s obvious something’s gone astray,” said city Councilor Frank Nicastro, who heads the Real Estate Committee. “No more. The game is over.”
Councilors said they plan to discuss the case in closed-door session soon and then, in all likelihood, to take Karl to court.
“Cut off negotiations,” urged city Councilor Mike Rimcoski, and let the lawyers deal with the situation.
But it’s not clear that the city has much of a case.
Jeff Steeg, an assistant city attorney, said the council has already authorized litigation against Karl.
But, he said, the question is “exactly what did he do?”
Steeg said that Karl “clearly” breached the contract he had with the city by taking longer to complete the work than promised when he bought the house for $1 in order to get it out of the way so the $12 million library expansion could begin.
The remedy for Karl’s delay is uncertain. It’s not at all obvious that a judge would order him to sell the house back to the city, nor is anyone sure how much the city would need to pay.
Steeg said that if Karl sells the property for commercial use, the city will get back the value of the property. But beyond that, the legal situation is murky.
Nicasto said, though, that it is “ridiculous” that the issue has been pending for more than three years, with councilors pushing for Karl to finish renovating the property or return it to the city.
He said that he would like an executive session at August’s council meeting where officials can hash out the proper course of action.
“I want a decision made when we come out of that executive session,” Nicastro said.
Rimcoski said he was told two years ago the matter would be dealt with “in a few days” but it’s still dragging on.
Karl has said that he can’t understand why city leaders are so focused on him when there are far worse problems all over town.
He said that since he took the house, its assessed value has shot from $22,000 to $88,000 and he’s paying $1,800 a year in taxes that the city wouldn’t otherwise get.
The house, which Karl moved from the east to the west side of Main Street, was likely built by an early clockmaker. It has been the home of many prominent Bristol residents, including 19th century notables Titus Roberts, Elisha Brewster, Joseph Camp, David Hawley and Dr. Roswell Hawley and his widow Jane Hawley.More recently, noted area artist Glo Sessions lived there growing up.

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Copyright 2007. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com