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Magistrate imposes $150/day fine for construction exceeding two-year duration
Summary
The special magistrate found a violation for construction duration at 118 Marlin Drive under town code and imposed a $150 per day fine beginning July 7, 2026; the magistrate said she lacked authority to grant a late extension and encouraged the owner to seek mitigation after compliance.
The magistrate heard argument on whether the two-year construction duration had elapsed for 118 Marlin Drive. Town staff said the notice of commencement and inspection history indicated construction had begun in 2024 and that the two-year window has passed; staff recommended a per-day fine for continued noncompliance. Owner Ara Garibian acknowledged delays tied to design and said the project had restarted with a new design team.
Magistrate Amity Barnard determined that under the town code she did not have latitude to grant an extension after the statutory window had passed and, finding a violation of section 67-52, ordered a $150 per day fine to begin on 07/07/2026 until construction is complete and the property is closed out; she advised the owner to compile documentation of good-faith efforts to seek mitigation when in compliance. "I don't think I have the latitude to give you the extension," the magistrate said when denying an on-the-spot extension request.
