Joseph Martowski was told that the items outside the house are in excess of the 50 cubic feet of junk and debris allowed under town ordinances.
The property at 3030 Main St. in Bondsville.PALMER - The Board of Health unanimously agreed at its meeting Tuesday that Joseph Martowski is in violation of a town ordinance that prohibits keeping a substantial amount of junk or debris in the public view, and gave him 30 days to remove the items piled at 3030 Main St. in the Bondsville section.
Martowski vehemently disagreed with the board, saying "there's no violation. There is no trash. There is no debris."
"Your law is too vague. It's useless," Martowski said.
He was told that the items outside the house are in excess of the 50 cubic feet of junk and debris allowed under town ordinances.
Martowski seized upon a typo that was in a letter sent to him by the Board of Health that stated "50 cubic yards" that was quoted in a previous newspaper article about the issue.
He was told repeatedly that the law states "50 cubic feet" and also was told that a copy of the ordinance was sent to him with the correct language to review.
Martowski argued that the items outside the property are for sale and that the property is in an area zoned business. He said he is "grandfathered in" as he had the property before the ordinance was adopted.
"This has been an ongoing problem for a long time," health board member Jayne Heede said.
Martowski asked who exactly has been complaining about the property, and board members responded that they have received verbal complaints, nothing in writing.
"The Board of Health is reacting to constant complaints about that property," health board member John J. Lukaskiewicz said.
"We have an obligation to respond to them," Heede said.
Calling the hearing "nonsense," Martowski said he plans to appeal the board's decision and wants it dismissed.
Joe Gulluni, who said he owns property next to Martowski at 3022-3026 Main St., said that three years ago, the property was cleaned up, "but slowly but surely everything's come back again." Gulluni asked Martowski why he can't just agree to clean it up.
Martowski also said that nothing on the property belongs to him, but would not say to whom it belongs. There is a dryer and grills, and other assorted items, piled outside 3030 Main St. Martowski was seen outside the property sifting through items in the hours before the hearing.
Martowski was notified of the issues with the property after Health Agent Lorri McCool inspected it in May; he requested the hearing.
Assessor's records show the owner is Deutsche Bank National Trust of California. The property was foreclosed on in 2009; Martowski bought the property in 2006, according to the assessor's office.
Martowski told the board where he lives is "immaterial" and that he also lives in Florida and Maine.
"I have a lot of homes," Martowski said.