Family member of condemned house says town 'tied our hands'

Jun 25, 2014

It’s been 60 days since a house was condemned at 3 Rose Cottage Lane and both the building commissioner and Board of Health director said not enough work has been done to bring the house up to code.

“Although some work has been done, there’s still a long way to go in terms of making the structure safe as was ordered,” said Town Administrator Paul Dawson.

On June 17, the Selectmen voted to authorize filing for a temporary restraining order on the house.

“This is not about punishment,” said Dawson. “It’s about getting compliance.”

Selectman Stephen Cushing said the board had expectations that more would have been done on the property.

“An enormous amount of work had to be done by now,” he said. “This is not something that I would be proud to have to vote on. It’s nothing I would like to deal with, but we have to as a board.”

But members of the family who own the house say they have received conflicting information from town officials.

“We were told one thing, and then the town is doing a totally different thing,” said Chris Byron, whose parents Suzanne and Alex Byron are long-time Marion residents.

The condition of the house came to light in April after the Fire Department responded to a call about the property. They notified the Board of Health Building Commissioner Scott Shippey about building violations.

“Upon entering the structure, I saw several hazards that would be life-safety hazards and health issues,” Shippey told Selectmen in April. “It was very deplorable…I was greeted by rodents.”

Electricity, water and gas service was cut to the home, and Dawson said the town would work with the homeowners to secure the location.

Two months later, no construction has been done on the house, according to town officials.

“It’s fair to say that we would have hoped for significantly more progress than we have seen at this point,” said Dawson. “Neighbors, who have a history here, they too are concerned.”

Town Counsel was consulted and suggested the creation of a Board of Survey to inspect the viability of the structure. Shippey has already begun to assemble the board, which includes a member of the fire department, a structural engineer and one disinterested person.

The three people will decide, said Dawson, “whether [the house] can be made structurally safe and sound or if it needs to be razed.”

On Friday, brothers Chris and James Byron said they were unaware of the restraining order. Both said work had been done on the house to make sure it was not a danger to the public, including adding locks and smoke detectors. No construction has been done on the house yet.

“To be judged a week before we were ready is a huge thing. It’s a huge task. I’ve been working half weeks to try to get it done,” said Chris, who currently lives in New Bedford.

As his parents and other family members who were at the house are currently living in other locations, Chris said he didn’t understand why the town would put out a restraining order or set up a review board.

With no electricity, he said, “They tied our hands, and then they put a timeline on this difficult situation.”

The family is continuing to work on the house, removing the contents before any potential construction is done.

Shippey and Dawson were not available to comment.