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rO Sec. » — The Tribune-PrcM, Gouverneur, N Y October 24, 19 73 Miller appeals continued from page 1 dill ion by the Sherman Company crant* and attached J? uas (»ecu(>ied in late June affording to Miller Wiring and plumbing were * installed Millers testimony continued, and these were pur isuanf to requirements and specifications Miller said that he vs.is in formed that a new building permit nuist be obtained in order to complete the eotryway to his cellar enclosure of Ihe porch and other work A permit was applied tor with, the assistant village ad .mmistrator Don (*harleb*»is Mil lei stated further that this .permit was never issued, causing a water problem in the cellar during wet weather and ac coi*ditvg to the v\ it ness the pi'tiblem could be solved it the jneeded .construction- were completed When asked how much he has invested in the home to date. Miller replied that the project has cost him $23,400 In cross-examination b\ \ illage attorney Leader. Miller stated that at no time was he told that the home he hail purchased was classified as a \doublewide mobile home Leader pressed further that Miller must have had some idea of the typeui home he was buying and queried if Miller had told village administrator Glenn Miller anything about the home, specifically its Type. Miller staled that he told the administrator that the home was a \home by Dunhill in two sec- tions.\ and. in response to further questions, said he had not shown a picture of it to Glenn Miller but had assured him. as he had been assured bv Barker, that the home met all fire and safety requirements Further. Miller said, both he and contractor Don Ritchie had inspected the building Leader asked whether or not the blueprints entered into evidence as village exhibit NV 1 had ever been shown to Glenn Miller Tom Miller replied tha r \Glenn Miller did not see the blueprints as far as I know.\ since, he said, they had been returned to Barker It was brought out during the session that the home was placed on the foundation and the wheels were then returned to the factory Leader attempted to elicit information as to Miller's knowledge of whether or not :: e ms, such as electrical entry ou>es. were those usually ,in- staiied in mobile homes Miller replied that he had no knowledge uf this except for the fact that items installed in the home were those which were proper and met safety standards set for them He further stated that he was unfamiliar with the zoning or- dinance and its interpretations, saying.that to his knowledge the home wa* not mobile and met the zoning requirements I? was established in the course of Millers testimony that removal of the home to another site would indeed be an economic hardship f o his family and Miller, when asked about his awareness of the necessity of a Certificate of Occupancy, noted that he had never heard of this until 'he open meeting on the issue held Oct 9. 1973 The second witness TO take the stand was Ben Barker of Route 1. Antwerp, who had sold the home to Miller In his examination by Attorney Nelson. Barker said that he had sold a Dunhill home to Miller Copies of a specification and floor plan sheeet and a color brochure of 'he home were entered into evidence and nowhere Barker said was *he hnme rt-fo*rr?d r o as a d<»ur\1e-wide mobile home\ b> 'he manufacturer or even as \mobile Barker elaborated f ha* homes are .referred to &> mobile ' \modular ' .or \factor) imanutacured and tha* in his opinion Miller'? wa* a factory - imanufacrured\ home I* wa<- r> .nred >ir f ha* homes cla^:f;*\d d 4 modular ;,:<*< u f or pre-tatv Kd'ed were a .lovable IT. B.tr. rr..,b;le ard r^dj'ar In-onV? dT*- TdT.SJ> 'T***(j ' L* '.he r^ite of erect »«ir. un wnee!> r?e said The idiffer#Tue of T\pf-«- of ir*»mes cor>i^*^ in fh* r franv- •la>ou* BarV r <laf> raed a^d jfac^on* - fTiar.ufac^ure^ hoir.'*f have I t>am< *i*f; cr-is^ \ieT. hers arid *ha f ?h;> *a<- •!>• T yp* A lav<Kj f m M ler > Bark' r said *ha* he had called -iiit jr. >arl\ June ( dnd er• v * rt * r> • • £ \*-'' * >< »r ' 3 fat--'r. r.ar dhS LT»* k • •*• . r» v linker said he was unable to answer wuhout fns records which be had not lv oii^lit w ith him smco the subpoena \o appear U^fore tht* apjnal U»aidwas ru>t issued as a subpoena tiuit's ti'iuin which Wriuld rt'quirt* production of the records Barker said that the blueprints had Ixvn ^iven t(» Don Kitchie lor ?h» i construction ot the bascnu'nt and a duplicate sot wore given to Miller, andvmphasi/ed that he iiad novrr told Kitchit' or Miller that 1 he home was a double w 1 tit* mobile home.\ repeating Ins be-hot that it was a \factory manufactured\ home and allowable under - zoning legulatons Loader asked what the cost w.iuld be to move the home to .another site to which Barker responded with a Sf>000 to $8i^K) tigure with iu> depreciation in the \alue o! the home, sot at $l2.5iK) In alteriioiin session. Ben Barker resumed 'estimonv and sta'od. in resp»»nse to Atti»rne\ Leader's question that the metal * par's oi the Miller homo base are testing on the metal parts of the toundation placed bv rho con- Pracotr. Don Ritchie He also said rhat the wheels, axles and springs wore returned and reiterated again that ho \does not recall toiling MillerA»r anyone that the homo was a mobile or double 'w ide mobile homo.\\ but only that it was a •\one-fanuh. factory built dwelling D««na)d .Ritchie of Ritchie Brothers Construction was sworn in and elaborated on the technicalities of rho homos construction and the erection of 'ho toundation The scope of his work he said, was to make an estimate of the tire loss for the insurance company, demolish the old house, excavate the cellar, erect blocks tor the foundation, install windows and I-beams Further work, alter the homo was placed, included backfill, grading and placing the en- t rywav Ritchie sta r ed that the at- tachment work for the type ui homo belonging to the Millers and r he typo oi attachment work done for T he Farr type of home on School S'reet. already approved t\v rhe Village Board, is similar . Estimates of the cost of moving rho homo, said Ritchie would be as follows $1300 for loosening the homo from it foundation: $900 for labor. $400 for the moving; $900 , for re -connection, plus other costs, actual and unforeseen which would put the figure around $MXK> or $t>iKXi or more We stated that ho hoard the structure was a two-sect ion. one-family dwelling He further described the house as \quite permanent\ although Leader reit-. rated that the point of contention rested upon the classification of the home when it entered the village, not what it is now Former village administrator c;i*inn Miller then testified that ho 'alked with Tom Miller and Don Ritchie prior to Juno 11 and was U»ld that the structure was \a sale, legal, two-section homo\ and did not hoar the words \mobile or \Double mobile\ The original placement of the home ho said, would have to had gone betore the zoning board but it was changed, thus allowing the approval of\ the building permit 'Further, he said, a second permit was necessary because work was planned which had not been in eluded in the original permit This matter was turned over to iVn Oiarlebois. Miller said, and \ho know iK>thing of it after that,\ except that it was turned over to Charlobois Thomas Miller was recalled and outlined the options ho had other than what ho did He said ho comtemplated living out of town buving other homos, among others, but preferred lo live in village for family convenience He said ho had no intention of violating the law and that what he did was in good faith A this point, three letters from Attorney Loader which had been given to the Village Board were introduced for the record, one on the definition of a mobile home, another on Leader's inspection of Miller's home, and the third in reference To an oral opinion of what the home was when it en- tered the village. Attorney Nelson then rested the case for the defendent. Loader called Glenn Miller who, in answer to one question put f o him. said that if he had known the contemplated erection of Miller's home involved a mobile home, the permit never would have been approved Ben Barker was again called and was asked about any emblem or medallion on the home which would designate its type. He answered that there is a meaallion on \Miller's unit which states it has boon inspected and approved by ihe Pittsburgh LaUiiatoi\ according to stan daids and requirements set b\ mobile home authorities. }\c added that this is the only stan dardi/ation used and does not necessarily moan trm homo is mobile The village attorney statoo mat 1 he permit did not toll officials of Jhe village what would bo put on Ihe lot and the conclusion given was a non mobile homo Although iho argument is economic hard ship, tie said, the question is whether or not Tom Miller created his own hardship by not disclosing the tvpe of homo It, ho said, the appeals board tools the home was put m with jgood faith and without malice aioreihoughi . and without •knowledge ot the tvpe ot homo, it Would constitute one sot of cir- cumstances but if there was intention oi circumventing the ordinance, then removal must bo uphold since the zoning ordinance \is tor the health and safetv of the village and a variance thereto would come about if it wore believed that Miller was innocent ot creating his own hardship \ At t or no v David Nelson. representing Miller, summed up bv saying that the defendent seeks a ruling that the homo is not mobile and that the structure, within the Executive Law. falls under a non-mobile classification Ho further asked that the exhibits and a transcript of the proceedings bo given to the absent members so that they might participate in the action. This was denied Nelson further stated that section 7 provides that in the case of economic hardship, sufficient justice must bo done and that the petitions submitted show that the residents of the area do not object or feel threatened were Miller allowed to stay The appeals board, he said, can vary an ordinance requiring that a certificate of occupancy be issued The hearing then came into its final minutes as chairman McAllaster Mated that the members would meet at 10 am this morning to deliberate and reach a verdict with is expected to come by Friday. The board has up to 62 days to reach a decision. 4-H leaders recognized for years of service Two hundred leaders and guests attended the annual 4 H 'Leader^ Recognition Night held :v the Treadwav Inn on Oct 5 This iccogmlion event was sponsored bv the St l^iwience Count> Banker's Association and t\»oi>eraii\o Fvonsion This annual event is held to rocogm/e 4 H loaders tor their assistance to ihe 4-H program Their continued guidance^ teaching and loyalty to the youth <>! lodav is a help in making tor a stronger tomorrow (ilenn Pierce, Canton. \ ice Chairman of the 4 H Program Committee served as toast master for the evening William Wouh St Uiwrence National Hank spoke on behalf of the Counts Banker's Association . Pins and certificates were awarded \o the following for seai s u( service Five vear pins of silver wont fo Mis Harold Chambers. Houvelton. Mrs Stuart Jones, Madrid. Mrs Reginald Chester. Lisbon. Mrs Kobort Patten. Law 1 oncov ille . Mrs Everett Barker, Kenssolaor Falls. Glenn Pierce. Canton. Mrs Ronald Sibbitts. Canton, Mrs Leonard Livingston, Lisbon. Herbert Kesaw. Gouverneur, Fay Van Hiocklm. Colton, Mr and Mis Donald Gilbert. Panshville. Miss I Ween Bvrns. Gouverneur. Mr and Mrs David Martin, 'Gouvornour. Clayton Weatherup, % DeKalb Junction Mrs Connie Smith. Gouverneui \ Mr and Mis Clifford Bullock, Kdwards. and Mrs Harry Young. Norwood Ten year gold pins went lo Mrs Floyd Chapman. Norwood, Mis Fred LaVack Gouverneur, Mi and Mrs Max Tossmer, Gouvornour. and Mrs Clarence C<»ta of Lisbon. Fifteen year pins with a pearl went to Mrs IX.nald McDonald. Lisbon. Mrs Wallace Hurlbut. Gouvoi neur , and Mrs George Theobald of Potsdam Twents soar pins with a diamond inserted were awarded io Mrs Lester Judd. Canton. Mis Norman Drummond, Houvelton; Mrs Walter Langtry, Hammond, and Carlton Byrns. Gouvornour. An emerald pin designating 25 soars of service was awarded to Mrs William Martin of G«»uvorneur Other leaders recognized with over 21) years of volunteer service wore Twenty one years » Mi> Berniee Hewitt. Colton. Mrs Fiances Morns, Canton, and Orrm Noble, Canton Twenty-two years of service Mi Harold Davis of Colton Twenty throe years of service Mrs. Richard Hyrns. Gouver neur, Mrs Joann Manning Gouvornour Mrs Harold Davis, Colton. and Mrs Orrm Noble• of Canton Twenty -seven years of service Mrs Krton Siphor of Gouver •nour Twenty-eight years William Martin and Krton Siphor both from Gouvornour • Thirty two years of service Mrs William Hawn of Gouver- neur Several hours of round and square dancing concluded the evening . United Helpers plans open house The I'niteu Helper* Nursing ll.iino IIK . 'Riversido Drive, Ogdonsbuig Now York will hold an open House Tuesday. Oct 30 from 2 to 4 p rn at tho homo The United Helpers is a non denominational, non profit in Mitution that has boon in existence since ltW8 Later the Home was moved into its new residence on Kivorside Drive The I'nitod Helpers has a 40 bed nursing wing and a 80 Jx»d am hulatory wing Many and various iutivitos and trips are planned lor the residents There are living loom areas, a dining area, hairdresser and barber shop, a gift shop which displays many items made by the residents in occupational therapy, a Physical Therapy Department and library The Board of Directors and Members of the Board urge you to attend this open house to see for v ourselves the kind of residence the elderly of St Lawrence County can enjoy USDA denies support of dairymen's proposal A proposal supported by dairy cooperatives in the northeast region tor an improvement in the price paid ro dairymen for raw milk product has been domed by •'ho IS Department uf 'Agriculture, according to a release by the USDA this week H Font on Murphy. President of NEDCO and Chairman of the New York-New England Dairy Coo po rat 1 ve Coordinating Committee, stated that the decision runs counter to Ihe overwhelming weight of testimony entered into the record at ?he National Emergency Hearing recently concluded at Clayton. Mo., and upon which the decision is presumably based •'The hearing record offers overwhelming evidence of alarming declines in total milk production, not only in the nor- 'heast bur throughout the nation •is well, and there is a clear ^.osibility that if this trend continues, a shortage of fresh fluid milk could well result '. said Murphs. \A price increase under 'he Federal Order is a critical necessity if we are to keep dairymen in business and stem •'he Tide of farm auction sales \ \It has goon suggested that rhere will be no increase in price levels because of objections raised by the Cost of Living Council. If this is so. it completely frustrates the operation of Federal Milk Marketing Orders and does not permit Federal regulations to respond ro the economics of the marketplace as was intended by the Congress\ Murphy continued \Further it r hrows the entire burden of gaming the appropriate level of milk prices solev upon cooperative milk marketing associauons 1 am certain that the cooperatives will undertake to do just that. But without governmental recognition of the need, the job will take a little longer and will be a little har- der.\ 1 Coming Events WEDNESDAY. OCT 24 7:30p.m. Gouverneur Hod and Gun Club meeting at theK& K Hilltop restaurant across from Club park in Fowler. Refreshments will bo served Memberships now on sale Till RSD VV.IHT 25 6-9 p.m. Public jewelry demonstration, benefit Gouverneur Rescue Squad Auxiliary 8 p.m Special mooting of OES honoring all Master Masons, present and past Matrons and Patrons Slides on Hawaii will be shown Richville Masons will entertain their families Slides and movie on the Masonic Camp for boys 14-16 will be shown SATl'RDAV OCT 27 There will bo no card party in Richville Masonic Hall. The next party is scheduled for Nov. 3 1 p m Fall luncheon of the Friendship Class of Richville United Methodist Church. 1 Sl'NDAY.OCT. 28 2 - 4 p.m. A Halloween party will be held for children of the VFW Post. Auxiliary and Dad's at the VFW rooms SAVE THE DATE Wednesday. Oct. 31. at 8 p.m Senior Citizens Club dance at VFW club rooms Refreshments will bo served. Wednesday. Oct 31 noon to 5:30 p.m American Red Cross Blood- bank. Bloodmobile at Fellowship Hall. United Methodist Church. Thursday. Nov. 1 at 1 p.m., birth control clinic in physiotherapy room of Kinney Nursing Home. For appointment call 287-1046 or 287-1573 evenings. Thursday. Nov. l, at 7 p.m OES Richville will entertain Masons and past Matrons and Patrons at covered dish supper. Friday, Nov. 2. 10a.m. to 8 p.m. Fall bazaar and harvest festival at Fellowship Hall, United Methodist Church, sponsored by UMW Society Saturday, Nov. 10, at 430 p.m., annual harvest dinner at North Gouverneur Methodist Church, served by the Women's Society. KAPLAN'S PBE-WINTER DIVIDEND BIGGEST-SAVINGS-NOW ON OUTEIWEAI AND FOOTWEAR SALI HARTS FR.DAY \20% OFF [ 10 BIG PAYS STOREWIDE STOCK :\ EXCEPT FAIR TRADE ITEMS 10% OFF FOOTWEAR MGttST CASH SAVING FAMILY FALL APfAtH PIT THI PAMILY POt W1KTBI HOW AT KAPLAN'S STOMB mam CANTON HERE'S YOUR BIG CHANCE TOTfRETCH YOUR BUDGET SHOPPING DOLLARS NOW AT KAPLAJT'S PRE- master charge WINTER DIVIDEND SALE. BRING THE FAMILY WITH THEIR WINTER NEEDS AND CHRISTMAS LISTS TO KAP- LAN'S THIS WEEK. TWO FLOORS STOCKED WITH THE LATEST IN FASHIONS FOR EVERY MEMBER OF THE FAMILY. TEN BIG DAYS TO SHOP FOR KAPLAN'S BEST SELECTION WHERE YOUR DOLLAR BUYS MORE . . . KAPLANS INVITES YOU TO USE OUR NEW BACK DOOR ENTRANCE/ BANKAMEMCARO SHOP tin SALE, --SlffJgBS NO GIMMICKS! REAL DIVIDENDS IN SAVINGS THROUGHOUT THE STORE IN EVERY DEPARTMENT. FOR THE MANY UNADVERTlSED SPECIALS. Buy Now—Christmas Gifts & Winter Outer-Wear * Footwear at Sale ••B*EMMnMHHMMHaii^H^MMH^Ei 2MJRoor — T 10 /£> .—. ^ *w \ «\•• D °y f rr^/ OflUA CooH,Jock#H, 11 JV M HHVXfi wiiiHr PaHiat, ffi • •! MIHHBI m9 — a WpQTTTTIOTFT ^^ HilT \° DAY COAT SALE _ Winter Coats 0 Car Coats Parkas OFF COATS YOU CAN IUY EVERY NEW PAU AND WINTO K$ IN STOCK NOW AT /|J~/A OT+ Sno Suits V ^ OFF TODDLXM H>a-6UTTS, JACKETS, GOATS Also 20% Off AM Extra Sue Parts SHOP FOt CHRBTMAS *IPTS ON SALI. KAFLANS*) f\/ii flW TM> IALK UP 4 SAVE MM PLAI T*r Qek* 1 HKl SPICIAI TABLE won 4LJ GO 4 PAXB •i SPfClAl SALI FANTY HOSt IPnrft W LM« D FLOOI -• m THE HM.1 RUBBER FOOTWEAR AND 8H0E8 NMTQ t i'( Dept. Hnt •flGB s Oiit#np#flr SCsW Me*'s Winter OwterWear TOPCOATS. OVBCOAIS, 1AM COATf AM SuH» & Sport Cooh 20% Off Buy Hb Christmai Glftt Now. Say* of 20% Off net? SWEATS*, *AM% IT CHBTHU CUTMS GITS IT SMI «W Uf Pr. 119 PANTTHOSf PITS ALL *C pot rm menu FA*IT IAX urn u imrr AXX OQ u tu HKi -55.00 IAKUNRACK DrtuM-Ceib 2 Price Z>' *-~ b * V V J- ^-\^ t\ y. r * rr MTI6E TO ALL GIRL SCOOT* SEI THE NEW UII t J UMFIRMS fll NUBS AND CAOETTEJ. JBT AWVEI AT KAflJMS 2NI FM
