displaced due to arsenic treated material
BZA grants temporary permit
Cathy May, Contributing Writer
Attorney Neal Comer appeared for his client
Arthur McGuire when the Ripley County Board of Zoning Appeals met
Comer told a mesmerizing story about the medical problems that have
happened to McGuire since he built his home in 2001 with wood that
was treated with arsenic. When McGuire built the house on South
Michigan Road, he did much of the work himself. Since that time,
McGuire has been declared disabled and has been forced to move out
of the house, which is hazardous to his health.
Comer went on to say that both the Ripley County Health Department
and the Indiana State Board of Health have tested McGuires
home and found high levels of arsenic in it. He is not able to use
anything in the house that is soft like furniture, again
because of the arsenic dust that has been stirred up through the
McGuire has purchased a FEMA trailer and asked permission of the
BZA to have a temporary permit to live in the trailer until the
law suit with the seller of the lumber company is resolved. The
Environmental Protection Agency banned lumber treated with arsenic
in 2003. It was noted at the meeting that the FEMA trailer McGuire
purchased is a new one.
McGuire wants to place the trailer about 100' away from his existing
home and some of the BZA members were concerned about that being
far enough away from the diseased house. Comer assured the board
that the location selected is safe.
BZA member Denessa Benkie felt that a two-year permit was too long
and wanted to grant only a one-year permit. The motion made by Michael
Baker was for a two-year permit with Comer and McGuire coming back
in after one year for an update of the situation. The motion won
three to one with Benkie voting against the motion.
In other business, Todd Demaree was granted a Special Exception
for a home occupation to operate a small engine repair business
in the Residential-2 District. Demaree lives on 1.223 acres at 6464
S. Benham Road in Versailles. Demaree said he plans to repair ATVs
and motorcycles and sell some parts.
Four of five members of the BZA were present at the meeting: Roger
Lang, Andy Scholle, Michael Baker and Denessa Benkie. Planning Director
Tad Brinson and Attorney John Ertel were present to advise the board.
The next meeting of the Board of Zoning Appeals will be August 28
at 7:00 p.m. in the Commissioners Room of the Courthouse Annex