Pierrepont man sues Town after they halt his garage construction

CANTON — A Pierrepont man has filed a lawsuit in state Supreme Court against his town after the town told him to stop construction on his 1,800-square-foot garage and threatened to tear it down.

Philip M. Collins, 5158 Route 56, was issued a permit for constructing his garage Aug. 18, about a month after his old garage burned.

According to the lawsuit, Alton W. Guyette, code enforcement officer, told Mr. Collins the size of his new garage did not matter.

After a complaint, Mr. Guyette told Mr. Collins on Aug. 29 that his building was not too close to a property line and was not in any violation.

Mr. Collins’s building underwent inspection three times a week from Oct. 1 to Nov. 2.

But on Nov. 22, Mr. Guyette issued a stop-work order for the project and referred all questions to Town Attorney Charles B. Nash.

Mr. Collins said Mr. Nash did not return his phone calls seeking the reason behind the order.

“Suing the town was the last thing I wanted to do,” Mr. Collins said.

After pleas from Mr. Collins, the town allowed him to winterize the building to protect it.

“Please still be advised that it appears to me the town will require some or all of the building to be removed,” Mr. Nash wrote in a Dec. 9 letter to Mr. Collins.

Mr. Collins said complaints from neighbors may be why he had to stop construction.

John W. Whalen, 5174 Route 56, said he and other neighbors believe his garage is for commercial purposes.

“Some of the construction stone is on my sister’s property,” Mr. Whalen added.

Mr. Whalen said disputes with neighbors are what led to the construction halt.

“It’s a place my kids can park their vehicles during the winter,” Mr. Collins said. “This is not a commercial garage.”

Mr. Nash did not return messages seeking comment left with his office Thursday.

The lawsuit asks for the order to be terminated and construction to be allowed to continue.