WESTHAMPTON — A family told by the town to stop constructing a home on Northwest Road because its foundation is too close to the property line is getting some help from the former building inspector.
Former inspector Charles Miller, who approved a building permit before he retired, started a GoFundMe page on Thursday for Amber Kellogg and Michael Barbeau. The couple took out a loan for $117,000 for the new home, but were required to stop the project by the town.
The building permit was appealed by a neighbor, citing a mistake in how the permit was issued. The town ultimately found the foundation was not in compliance with the setback by 4 feet and the Zoning Board of Appeals denied a variance.
Within a day, Miller’s fundraising page had collected $1,165.
“Please help Amber fight this miscarriage of justice as well as recover the funds expended in her attempts to please the ZBA with addition property purchase, financing, penalties and likely a damaged trailered section of modular home sitting with the hope of one day being erected along with its sister pieces,” Miller wrote.
Meanwhile, a family friend has also started a GoFundMe account that has raised $1,070 since last week.
Miller wrote his side of the story on the fundraising page. He said first the ZBA refused to accept the lot as a building lot and asked Miller to withdraw the building permit and require a stop to all work. He didn’t, but soon retired.
“The ZBA then required the new inspector to withdraw the permit and stop all work,” Miller wrote. “It would have been impossible for a new inspector to refuse the order after being in the position for less than a month.”
Miller said the lot is a pre-existing nonconforming lot, which means Kellogg and Barbeau would just need to meet the 35-foot setback, rather than the 50-foot setback required under current zoning. Kellogg’s foundation is built 46 feet back from the property line. He added that many homes are closer than 50 feet because they were built under the old requirements.
“I think Amber deserves the help and was mistreated by the town,” Miller told the Gazette. “We want to get her back on track.”
To donate visit https://www.gofundme.com/restore-amber-kelloggs-dream or https://www.gofundme.com/help-amber-mike-get-in-their-home
