Town demolishes 'nuisance' building after years of appeals

A heavy-duty Caterpillar excavator was at the site of an unsafe building early Thursday morning, March 30, carrying out a demolition order three years in the making.

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Burned-out home is torn down

After several years of delay, the burned-out building at 188 Wall St. was demolished Thursday. The demolition, by Crown Point Excavation, will leave the town in a financial hole.

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Flashback: November 15, 2012

A home belonging to Donald and Jean Bishop at 180 Wall Street was severely damaged by fire early Wednesday morning. The Bishops, who are in the process of moving to a second home on Mile Hill Road in Springfield, were not at home at the time of the 12:39 a.m., fire. Springfield Deputy Fire Chief Scott Richardson said about 20 firefighters fought the fire, and it took firefighters four hours to bring it under control. An investigation by the state fire marshal’s office found the cause of the fire to be undetermined, but not suspicious. Damage is estimated at $100,000. Don Bishop, who has owned the home since 1967, said he was called by a neighbor and he watched his home burn.

One of the new smart meters had just been installed on the house earlier in the week.

For fires that are ‘unexplained’ or termed electrical in nature, fire inspectors should check whether smart meters were installed recently.  emfsafetynetwork.org

2017-03-31 / Front Page Town demolishes 'nuisance' building after years of appeals By TORY JONES DENIS toryd@eagletimes.com An excavator demolishes an unsafe building at 188 Wall St., after years of appeals with rulings in favor of the town of Springfield. — TORY JONES DENIS An excavator demolishes an unsafe building at 188 Wall St., after years of appeals with rulings in favor of the town of Springfield. — TORY JONES DENIS SPRINGFIELD, Vt. — A heavy-duty Caterpillar excavator was at the site of an unsafe building early Thursday morning, March 30, carrying out a demolition order three years in the making. The demo work started shortly after 8 a.m., with the excavator pulling the two-story house at 188 Wall St. down piece by piece. The building was deemed unsafe after a 2013 fire. After a selectboard-issued demollition order in 2014, several appeals that made it all the way to the Vermont Supreme Court, and costs totalling nearly $14,000, the house is “finally” coming down, Town Manager Tom Yennerell said. A fire destroyed 188 Wall St. in the summer of 2013. After discussion with the fire department and a structural engineer, the Springfield Selectboard issued the original demolition order on Monday, Dec. 22, 2014. At a Springfield Selectboard meeting and public hearing in February 2015, property owner Donald Bishop and his attorney Richard Bowen fought to preserve the house. However, during a deliberative session, the selectboard unanimously agreed that Bishop did not present enough evidence to warrant the building's preservation, due to the building’s continued deterioration and unsafe condition. The building was deemed by selectboard members, at that time, to be uninhabitable and a “public nuisance.” Bishop, a longtime resident of Springfield, appealed to the selectboard, which granted another hearing and then reaffirmed the original demolition order, according to Yennerell, who was at the demolition site on Thursday morning. Bishop continued fighting to preserve the house, appealing to superior court. The town of Springfield received a favorable ruling on March 17, 2016 from that court. Bishop then appealed to the Vermont Supreme Court, with the town of Springfield winning that court battle on Nov. 4, 2016, all according to Yennerell. After the final appeal, the town began asbestos removal and applied for a state demolition permit. Crown Point Excavation did the demolition work, which came at a cost to the town of about $7,900 for demo and filling the foundation, according to Yennerell. Other associated costs included about $4,000 for environmental work, including removal of asbestos in the house’s roof, and legal fees that totalled “a few thousand,” he said. Bishop still owns the property, Yennerell said. The next step for the town is to put a lien on the property for the expenses incurred. If the owner cannot pay for those expenses, the town would foreclose on that lien, Yennerell said. Yennerell said the demo work was expected to be completed, and the foundation filled, by the end of the day Thursday. Burned-out home is torn down Rutland Herald | March 31, 2017 By SUSAN SMALLHEER STAFF WRITER Matt Priestley of Crown Point Excavating starts the demolition of a burned house at 188 Wall St. in Springfield, ending several years of legal battles that went all the way to the Vermont Supreme Court. SUSAN SMALLHEER / STAFF PHOTO Matt Priestley of Crown Point Excavating starts the demolition of a burned house at 188 Wall St. in Springfield, ending several years of legal battles that went all the way to the Vermont Supreme Court. SUSAN SMALLHEER / STAFF PHOTO SPRINGFIELD — After several years of delay, the burned-out building at 188 Wall St. was demolished Thursday. The demolition, by Crown Point Excavation, will leave the town in a financial hole. Town Manager Tom Yennerell, who watched the early stages of demolition Thursday morning, said the town was paying $7,900 for the demolition and disposal of the debris from the house. He said the town had also spent about $4,000 on environmental testing and disposal of asbestos, and he estimated it had also racked up about $2,000 in legal fees. Yennerell said the town would file a lien on the property, and he estimated the town would likely end up owning the parcel. The town has established a special $100,000 fund to help pay for such cleanup projects, but with the understanding the town would make every effort to recoup its costs from the owners. “It’s a nice, quiet neighborhood,” Yennerell said, adding it could be a nice housing lot. The building burned in 2012, and the town started in 2013 trying to get owner Donald Bishop to do something. As part of the contract, the manager said, Crown Point Excavation must remove the debris, fill in the cellar and smooth out the site. The debris is being trucked to a landfill in upstate New York. The town has been fighting to get building owner Donald Bishop of Springfield to do something with the house since the fire in November 2012. The dispute went all the way to the Vermont Supreme Court, with the town being upheld in its effort to get the burned-out shell demolished and removed. Bishop argued the building could have been repaired after the fire, and blamed a dispute with his insurance company for the long delay. During the demolition Thursday, a pleased neighbor urged on Crown Point’s Matt Priestley, who said burned-out structures smell bad in the summer, and when they get wet. As Priestley dug into the house, clouds of black dust filled the neighborhood. Priestley said he uses environmental controls in the cab of his excavator, including an air filter with a HEPA filter, Yennerell said the town’s other complaint with a Bishop-owned property, a small dilapidated building at 23 Valley St., still is pending in Windsor Superior Court. A pile of debris was taken from the Wall Street house Thursday, including two large propane tanks that Yennerell said were still partially filled. There was also a truck cap and a bicycle. He said Bishop had come earlier and taken away ladders kept in the garage.