By Ken Valenti

The John Osborn House, 187 Long Lots Road, was built around 1683 and is possibly the oldest existing dwelling in Westport, according to the Historic District Commission.
The John Osborn House, 187 Long Lots Road, was built around 1683 – File photo

WESTPORT–What happens when a property owner begins to demolish part of a historic home, after obtaining proper permission, but finds the building is in much worse condition than expected?

The temptation may be to tear down more than had been allowed, but a proposed rule that the Westport Historic District Commission (HDC) is considering would prevent that.

The rule would require the property owner to stop work, shore up the site and notify town agencies – including the HDC.

“(This is meant) to hold the owners to be responsible to continue to be stewards of the restoration and to allow us to review the modifications,” Commission member Alina Cavero, who drew up the proposal, said in last night’s HDC meeting on Zoom.

The law would make it clear that it is the owner’s responsibility to inform the HDC, and not to rely on other town agencies to pass on the information.

The idea was triggered by a recent case in which homeowners came back to the HDC for a demolition permit only after their property had already been knocked down.

“The house was already demoed, there was nothing to be done,” Cavero said. “And we collectively thought that perhaps a revision should be made or incorporated into the existing regulation in the event that this did occur again.”

The draft says that if approved work on a historic property reveals that the structure is “in substantially worse condition than anticipated, such that it may be at risk of partial or complete collapse or require demolition, the property owner and/or their representatives shall immediately cease all work except that necessary to stabilize and secure the structure for public safety as required by local laws. The owner and/or their representatives shall promptly notify the appropriate Town agencies, including the Historic District Commission (HDC), to allow for immediate review and assessment of the property.”

The other commission members agreed with the idea, but some suggested revisions to the proposed legislation.

Commission member Arthur Hayes he needed to consider the specifics, but “I think it’s absolutely the right way to go.”

Under the proposal, if a property owner knocked down more than had been permitted, he or she would be responsible for rebuilding it as it was, adjusted only for current building codes and what the HDC had approved.

Commission Chairman Benjamin Levites suggested adding the option of referring the matter to the building inspector to impose a fine.

Commission member Elayne Landau suggested setting a threshold that would trigger the law, perhaps 25% beyond what had been permitted.

Levites asked the commission members to send their ideas to Cravero so that the proposal can be revised for the commission to vote on the final version in November.

Ken Valenti

A career journalist and lifelong resident of the New York City region, Ken Valenti has enjoyed decades of reporting local, regional and national news in New York and Connecticut. Topics of special interest are development, the environment, Long Island Sound and transportation. When not reporting, he’s always on the lookout for the perfect coffee shop or used book sale.