Colonial Inn - Henry appeal, denied

The Hillsborough planning department will pursue legal action against Francis Henry, owner of the Colonial Inn, after the Board of Adjustment ruled against his appeal on March 10.

Under the Prevention of Demolition by Neglect ordinance, Henry was issued an order by the planning department in January 2009 to fix 12 specific items on the Colonial Inn site.

After the allotted time frame in which to complete the orders and numerous extensions for project deadlines, the Hillsborough zoning officer decided that the repairs listed in the order had not been completed.

“The planning board and I are not in disagreement about what we’d like done with the inn, it’s just a matter of how you get around to doing it,” said Henry.

If this citation holds up to legal appeals, Henry could be subject to legal penalties including a court order for the remaining repairs and collection of civil penalties for violation of the ordinance. The fines could be up to $100 a day.

Henry submitted an appeal to overturn the zoning officer’s decision on December 17, 2009.

The appeal was to be heard by the Board of Adjustment on February 10, but Henry did not appear or send a representative. The board unanimously decided to continue Henry’s case until March 10.

Margaret Hauth, planning director for Hillsborough, said this is not the first time that Henry did not participate in the governmental decisions affecting his property.

“Numerous times Francis Henry has had to opportunity to be involved in this process – to ask questions, to clarify expectations and to appeal orders – and he has never clarified any of the misunderstandings that he had,” said Hauth.

Francis Henry bought the property in 2002.

Chair of the board Al Hartkopf said, “He has had ample time to do something to that inn… time is up.”

“These problems have been here for over 60 years,” said Henry in his testimony. “Eight, 10, 12 owners should have been served with this ordinance… but now I am having to deal with all of these complex and ever-changing problems.”

In the town’s Prevention of Demolition by Neglect ordinance, a citizen files a complaint, then a professional investigates the site and a time-line order is given to the property owner.

Joe Rees of 204 S. Hillsborough Ave. initially started the process by sending a letter of complaint on June 29, 2008. The letter stated that Rees cited the owner of the Colonial Inn for allowing the building to fall in disrepair and listed 8 specific violations of the ordinance.

The complaint initiated a town staff investigation that concluded the 12 specific parts of the property that were in violation of the ordinance.

The repair order was issued on January 30, 2009.

Henry said in his testimony at the board meeting on March 10 that he disagreed with the order written by the planning department and that he thought only the repairs listed in the Rees complaint letter were required.

Hauth said that only five out of the 12 items listed in the order were fully complete.

“I have tried to comply to the timing schedule but some things come up unexpectedly in this line of work,” said Henry. “You start on something and then, bam, there is another year of work.”

Dave Remington, planning board representative for the board of adjustment, said that if Henry disagreed with the initial order he should have appealed within 30 days of the order issue date.

“It’s just too late for this,” said Remington.

Henry also said that he had been delayed on the repairs because of the town zoning the building as a residence and his inability to re-zone.

Hauth said that Henry has not applied to re-zone the inn under any other category.

“It’s not the Colonial Inn anymore, it’s not a restaurant, it’s not a lot of things,” said Henry. “The town is stifling me because of the ordinances and the way it is zoned, I don’t know what it will finally become.”

The board decided unanimously against Henry.

“This inn is a town icon, it needs a lot of work and there are certain expectations of the property,” said Hartkopf. “And I think the owner knew that when he bought it.”