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HomeMy WebLinkAboutCorrespondence re: Flooring Requirements 1985 Unum Of flinntuillr �II�I�in ;Ilispittor ntxsbi1Ir, (Ennu rtirut 136382 August 22. 1985 Attorney Harry Heller 736 Norwich-New London Tpke. Uncasville Ct . 06382 Dear Harry, As per our conversation in the office . pertaining to Schoen vs MacNeil ; In retrospect we both agree that if Mr. Schoen takes me to court I will be involved in a dispute of money between the parties rather than code performance. Under the code my participation is clearly understood. I think that if you discuss this with Charlie, he will agree that there is a responsibility on his part under the Connecticut State implied Warranty Statute. This implied warranty occurred when I issued the Certificate of Occupancy. In summary I think, or at least hope, we both agree that I will be liable for inaction against // (7) A..e•A•IL,%.,',. / 4--ILAIMEI ' • 1 , „9„,_,__ .._. . A A•mo•_ V I -J127 .2--4 .- -1XL41 • / iii -. 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UNCASVILLE, CONNECTICUT 06382 848-3030 July 18, 1985 Mr. & Mrs. Richard Schoen 35 Pruett Place Oakdale, CT 06370 Dear Mr. and Mrs. Schoen: Enclosed is a copy of the letter that I received from Attorney Heller. In the last paragraph we have Attorney Heller's word that, when the differences between you and Charles MacNeil are resolved, Mr. MacNeil will meet the Basic Building Code to the satisfaction of the Building Inspector of the Town of Montville. On July 17, 1985, I discussed the other code problems with Ray Dawson, the Building Inspector who issued the Certificate of Occupancy on your house. As soon as Mr. Dawson gives me an answer, I will let you know what the code is on the floor electrical item and the oil tank. I will continue to work with Charles MacNeil and Attorney Heller to resolve this problem as soon as possible. If there are any questions, please contact my office. .k, Sincerely, geo_o_rjeZ4-3,-- • Howard R. Beetham, Jr. First Selectman ENC. HRB:kmo CC:I Mr. Ray Dawson Attorney James Devine • Zee/ 5C:e .ana ,2 � 7.16�Cotccro7,-p�/Yex.tp Vans n.✓tet �Cl Ua4i �on.+zectuzd 0611df -j-4/1 6W/CSWRIgc 848-1248 SZ-443, � July 8, 1985 Mr. Howard R. Beetham, Jr., First Selectman Town of Montville 310 Norwich-New London Turnpike Uncasville, CT 06382 Re: Schoen vs. MacNeil Dear Mr. Beetham: Please be advised that this office represents Charles MacNeil with respect to the resolution of his legal differences with Richard and Clasina Schoen arising out of the construction of and sale of certain real estate known as Lot No. 14 Pruett Place, Montville, Connecticut. You have contacted this office concerning alleged violations of the basic building code of the State of Connecticut in the construction of this dwelling house. In particular, you have referred to the fact that the subflooring in the dwelling house consists of a single layer of three-quarter (3/4") inch plywood and have maintained that the building code requires either two (2) layers of one-half (}") inch subflooring or a single layer of three-quarter (3/4") inch tongue and groove flooring. There are many difficulties at this time in resolving the legal dispute which has arisen between my clients and the Schoens. The issue concerning the flooring in the dwelling house is only one of many issues. The Schoens are represented by Attorney John A. McGarry, of 2 Whale Oil Row, New London, Connecticut. Attorney McGarry and myself have been involved for several months trying to sort out the legal issues involving our clients. As I explained to you in our meeting, it is impossible for my client to correct any alleged deviations from the basic building code without severely prejudicing his rights with respect to the other outstanding issues between the parties. I can, 716_igt z trf,-p . 1o.r�lo+t✓i rzoczl*r a� e›,zn ureG 061// .54d6pO�� x. 848-1248 127U/flay , - SW ff a' £X",. 1 Mr.' Howard R. Beetham, Jr. , First Selectman Page 2 July 8, 1985 -`- however, on behalf of my client ensure you that when the differences between the parties are resolved, my client will correct any outstanding violations of the building code to the satisfaction of the building inspector of the Town of Montville, Connecticut. Ve truly yours, „ Jo, i)(t H� He er HBH/br (/ cc: Mr. Charles MacNeil 17 Vegouse Road Oakdale, CT 06370 • se •SENDER:Complete items 1,2, 3,"and TU4. ,,,,,,- Add your address in the RERN TO"space on reverse. F (CONSULT POSTMASTER FOR FEES) iI.The following service is requested(check one). O Show to whom and date delivered —6' O Show to whom,date,and address of delivery _d 2.❑ RESTRICTED DELIVERY —0 (The restricted delivery fee is charged in addition to the return receipt fee.) •• TOTAL $_____ 3.ARTICLE ADDRESSED TO: Mr. Charles MacNeil • 17 Velgouse Road 33 Oakdale, CT 06370 A 4. TYPE OF SERVICE: ARTICLE NUMBER m El REGISTERED El INSURED - ®CERTIFIED ❑COD p 310 529 21 L ❑EXPRESS MAIL rn (Always obtain signature of addressee or agent) m I have received the article described above. m y $; t&; E 0 Addressee 0 Authpriaed agent 0 EN C 71,96..1Yffc W�K ' -I •41111.f ' 61 moo D 6ADDRADDRESS(Only ijrequesWd �jMI z0 ' 0 447 T 7. UNABLE TO DELIVER BECAUSE: 7a.EMPLOYEE'S In INITIALS 010r (town an fliuntuillr puilitinii Jnspet#or ncxsfoillr, Qlunnrriicui 136382 June 7, 1985 Mr. Charles MacNeil 17 Velgouse Road Oakdale, CT 06370 Dear Sir: An inspection of the dwelling at 35 Pruett Place, Montville, Connecticut, on March 12, 1985, exposed a violation of the Basic Building Code of the State of Connecticut. By removing the living room carpet from an area exposing three longitudinal edges of the plywood flooring, the inspector discovered that the plywood did not have tongue-and-groove joints. Article 8, Section 824. 3. 1 of the Connecticut Basic Building Code reads in part as follows: "Plywood edges shall have approved tongue-and- groove joints or shall be supported with blocking, unless one fourth (1/4) inch minimum thickness underlayment is installed, or finish floor is twenty-five thirty-two seconds (25/32) inch wood strip. " Very Truly Yours, John Benker Building Inspector CERTIFIED CC: R. Beetham, Selectman J. Devine, Attorney R. Schoen, Owner ,/ Ri ie ti3niun Of flinntuillr Luilbinn ,Jnspirfur ncasbillr, TonnPrficuf 06382 March 13, 1985 Mr. & Mrs. Richard Schoen 35 Pruett Place Oakdale, Ct. 06370 Dear Mr. & Mrs. Schoen, Regarding my inspection at your home at 35 Pruett Place, Montville, Connecticut on Tuesday, March 12, 1985: By removing the living room carpet from an area exposing three longitudal edges of the plywood flooring you proved to me that the ex- posed plywood is not tongue and groove manufacture. The State of Connecticut Basic Building Code states that plywood that is not tongue and groove design requires that either 1/4 inch min- imum thickness underlayment is installed or the finish floor is 25/32 inch wood strip. Very Truly Yours, John Benker Building Inspector JB:slp cc: File March 8, 1985 Mr. & Mrs. Richard Schoen 35 Pruett Place Oakdale, Ct. 06370 Dear Mr. & Mrs. Schoen, Thank you for inviting me to your new hose at #35 Pruett Place on February 25th, 1985. I believe that the people who laid the floor covering in the kitchen and bathrooms did not first prepare the surface properly. Article 8, Section 824.31 of the Basic Building Code, State of Ct., allows 3/4" thick plywood with tongue and grove joints to be used as flooring without additional underlayment. I think that your home is beautiful, well designed, and tastefully finished and decorated. I am sure that you and your family will enjoy it for many years. Very Truly Yours, r John Banker Building Official J3Islp ccs File Ir , f,� ezio6eizi i., o637e, __ dam" . ir / . 0 ' ______7±4_____y_.‘40_,_ cie- 43.: � o� ___________26 •_ _____. .__ ..r. 0.____ P2-41. ?_1 _o/ 7/.‘42,___ e. 4-C-- 74. _ljeZgye______ 17,____S. C___ ,- __,t‘t.orz_eed___./:__c4Z_.__ _ `'/ ''4711r-d ,i_.*.. .,..6_,o_ite.,r_s_ 9 '6/ ',We- yi .--_________74e_r70 fr .eff -de' ` L Q��/ i . I �. 40 da, al, JO. ' ey v •z - e / S • �/© L ' !' ` i ., �, r - - - - 1 • I