WESTHAMPTON — It began with a building permit granted, then revoked, and now, a family that has poured their life savings into building a home at 109 Northwest Road is taking matters into their own hands.
With the help of money raised by two online fundraising campaigns, Amber Kellogg, 36, and Michael Barbeau, 35, last week removed a foundation poured last summer for a modular home due to construction plans halted by the Zoning Board of Appeals.
The home, which was assembled in a factory and delivered to the property, was placed near the foundation where it has weathered the seasons without much protection as the couple waited to resume work.
“We’ve removed the foundation, we’re cutting down some trees, and we are moving it back 10 feet to make it comply with a new building permit,” Kellogg said.
Former building inspector Charles Miller had granted a building permit for the project prior to his retirement last April, but a neighbor appealed the permit two months later claiming that the foundation was too close to the road by a distance of 4 feet.
Town bylaws require homes to be built at least 50 feet back from the property line bordering the road. This one was 46 feet away, and Kellogg and Barbeau were denied a variance from the Zoning Board of Appeals last November.
With the help of the construction company that employs Barbeau, they spent a 10-hour day last week knocking down the original foundation, getting the demolished materials off the property, and clearing trees from their future backyard.
“We will have a company set the new foundation, and we want to have our house up as soon as possible,” Kellogg said. “It’s been a year where not much has happened. It’s been dragged out very long and it’s taking a huge toll on us. We are just trying to move forward … We need a home, my kids need a home, and my kids are going to start another year of school in Westhampton without being in their home.”
The family has lived in Barbeau’s father’s basement in Ashfield since February 2016 where they planned to stay temporarily during the house’s construction.
Last Wednesday, they were issued a new building permit. They also are awaiting a judge’s decision on whether the case will continue in a lawsuit filed by the family in January against the Zoning Board of Appeals.
“It’s been emotionally exhausting on our whole family and it just reached a point where something had to be done,” Kellogg said. “We are doing whatever it takes to get the house up.”
The family will need to take out a second loan to complete the construction, Kellogg said, as they were required to renew their homeowner’s insurance at triple the rate due to the house being classified as “high risk” because of the permit controversy.
Miller, who wrote that he wanted to “fight this miscarriage of justice,” and a family friend each set up a GoFundMe page online to collect money to help remove the foundation, build a new foundation and house and pay for a lawyer to represent the family in the lawsuit against the ZBA. To date, they’ve collectively raised $7,750.
The degree of hardship on Kellogg’s and Barbeau’s children, however, cannot be calculated, Kellogg said. They have a 17-year-old son and 8-year-old daughter.
“They’ve been struggling with stress and the stress is putting a toll on the kids,” she said. “We try to stay positive and hopefully something good will come out of it.”
Kellogg said she hopes to have the house finished by September.
While the modular sits, waiting to be placed on top of the foundation, Kellogg said she occasionally goes inside and looks forward to the day it will be complete.
“I may not be able to make coffee inside my kitchen, but at least I can drink my coffee in my kitchen,” she said.
Luis Fieldman can be reached at lfieldman@gazettenet.com