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03/19/2014 12:00 AMChester taxpayers and property owners-especially those who rent legal apartments-might find it interesting to learn how their town determines what an apartment is.
In July 2009, the owners of a one-family house at 9 Old County Road applied for a building permit to convert an attached garage to an office with bathroom. The application was approved that month. Town Sanitarian Lee Vito stipulated in writing the converted area was "not to be used as a bedroom." Vito's words were underlined.
Last year, I learned Selectman Larry Sypher lives at 9 Old County Road in what he described to guests as an apartment/office in the converted garage from which he also operates his business. The house is owned by Frederick and Lori Ann Clymas. Ms. Clymas, a Democrat like Sypher, is active in local politics and serves on the Board of Finance.
I asked Zoning Enforcement Officer Judith Brown to investigate 9 Old County Road. She did and reported she "found no evidence of an illegal apartment." Brown did cite the Clymas family for having an unlicensed in-home business.
Why was the converted garage Sypher used as living quarters not an apartment? Brown said because she did not find a stove. She found everything else necessary to operate a kitchen, including a plumbed sink, refrigerator, and coffee machine. Without a stove, however, it is not an apartment, Brown said.
The handling of my inquiry and response gives a perception of possible selective enforcement of town regulations. It also gives the possible perception of a lack of integrity by town officials. But unless shown otherwise, it appears that something that looks like an apartment and functions like an apartment is not an apartment-so long as there is no stove.
Joe CohenChester