York Beach Pizza by Paras building 'dangerous': Selectboard eyes demolishing eyesore

YORK, Maine — The town's Selectboard determined the long-closed Pizza by Paras building at York Beach is “dangerous” under state law Monday, giving it authority to demolish it.

The board voted unanimously in a quasi-judicial hearing Monday morning to find the former pizzeria at 16 Railroad Ave. met several criteria under state law that established it was a dangerous building. The board voted unanimously on each one, then took town counsel’s advice to wait 60 days to demolish it if they wish.

Selectboard Chair Todd Frederick said after the hearing demolition will be on the table for consideration by the board.

“I said I wish we could tear it down earlier,” Frederick said. “It’s been frustrating that it’s taken this long to get to this point.”

York Code Enforcement Officer Harry Norton speaks to the town Selectboard describing the unsafe conditions at 16 Railroad Ave., where Pizza by Paras stands during a hearing Monday, March 25, 2024.
York Code Enforcement Officer Harry Norton speaks to the town Selectboard describing the unsafe conditions at 16 Railroad Ave., where Pizza by Paras stands during a hearing Monday, March 25, 2024.

The pizzeria at 16 Railroad Ave. closed 14 years ago due to noncompliance with building code. Town officials say the building has since become dilapidated due to unpermitted work at the site. Recent damage to neighboring Johnny’s Candy Corner and the public sidewalk led the board to act.

Eleni Paras, the legal owner of the building, did not appear at the hearing to share her side, nor did any attorney or her son, Spiro Paras, who has spoken for the family in the past. A Stratham-based structural engineer, Fred Emanuel, said he was a friend of the Paras family and was asked to represent her. However, he was only permitted to speak as a member of the public due to lack of written authorization from the owner.

The former Pizza by Paras building at 16 Railroad Ave. in York Beach is next to Johnny's Candy Corner. Town officials believe unpermitted work at the closed pizzeria has caused damage to the candy store's foundation.
The former Pizza by Paras building at 16 Railroad Ave. in York Beach is next to Johnny's Candy Corner. Town officials believe unpermitted work at the closed pizzeria has caused damage to the candy store's foundation.

Emanuel said demolition was unnecessary and work could be done to save the structure.

“There’s no reason to tear the building down,” Emanuel said. “We have to have a meeting of the minds and make sure the work gets done.”

Members of the Biagioni family, which has run Johnny’s Candy Corner for decades, told the Selectboard they wanted to see the building demolished. JD Biagioni, grandson of owner Johnny Biagioni, said addressing the building’s safety has “dragged on,” while his family’s candy shop has had its foundation compromised due to work on the former pizzeria property.

“Should you not vote to tear down the property at 16 Railroad Ave., whatever damage occurs to our property at this point falls directly on that action,” JD Biagioni said.

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Town officials agree ex-Pizza by Paras building unsafe

The Selectboard considered whether the Pizza by Paras structure was unsafe, unstable, a fire hazard, unsuitable for occupancy, a health hazard, and otherwise dangerous to life or property. They voted unanimously to affirm each one was true.

Code Enforcement Officer Harry Norton told the board a deep hole dug without a permit on the Paras property extended five feet onto the Biagioni land. He said ongoing work has caused the soil to erode under the foundation of the candy store, as well as the public sidewalk.

He said the erosion caused a portion of the foundation to pull away from the structure.

Structural engineer Fred Emanuel pleads to members of the York Selectboard Monday, March 25, 2024, urging them not to not tear down the Pizza by Paras building.
Structural engineer Fred Emanuel pleads to members of the York Selectboard Monday, March 25, 2024, urging them not to not tear down the Pizza by Paras building.

“That’s causing a problem for 14 Railroad Ave.,” Norton said.

York Beach Fire Capt. Dave Osgood said work done over the years has also compromised the Paras building, including the removal of key structural elements. He said the staircase to the basement was pulled out at one point, removing a portion of the building that is critical to hold it up.

York Beach Fire Capt. Dave Osgood, left, and Fire Chief Jeff Welch present their findings of the safety of 16 Railroad Ave., the location of the long-closed Pizza by Paras, during a hearing Monday March 25, 2024.
York Beach Fire Capt. Dave Osgood, left, and Fire Chief Jeff Welch present their findings of the safety of 16 Railroad Ave., the location of the long-closed Pizza by Paras, during a hearing Monday March 25, 2024.

“You’re looking down into the basement with the stairway completely gone,” Osgood said.

The building also has sections of completely missing floorboards, lacks drywall, has no working sanitation rooms, and has an illegal deck built without permits, officials said.

“I don’t know how it’s fastened,” Norton said of the deck.

Officials said the building has enough water entering to cause concern for mold growth, as well as no way to prevent “rats or other vermin” from entering.

Osgood and York Beach Fire Chief Jeff Welch said a fire at the building could spread throughout the beach, including the fire station behind it. Welch has ordered firefighters not to enter the building if it catches fire because of the structure’s lack of safety.

JD Biagioni raises his hand to speak during a hearing Monday, March 25, 2024 on the former Pizza by Paras structure, located next to his grandfather’s candy shop at York Beach.
JD Biagioni raises his hand to speak during a hearing Monday, March 25, 2024 on the former Pizza by Paras structure, located next to his grandfather’s candy shop at York Beach.

Selectboard members said the case made by code enforcement and fire officials was convincing.

“The order that no firefighter can go in that building, it’s some of the most damning evidence we have,” Selectboard member Robert Palmer said.

In public comment, Emanuel told the Selectboard the building had some problems but could be fixed. He said the Paras family made an agreement with the Biagioni family to fix their foundation before the town removed the power from the Paras building in December as an enforcement measure. The Biagionis said no such agreement was ever made.

Emanuel said “probably half a dozen improvements” could be made to save the structure.

“I can’t speak for the Paras family when they’re going to do that,” Emanuel said. “But to tear down the building that only has a few unsafe conditions, it does not warrant complete removal.”

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Selectboard to wait 60 days, then decide on demolition

Now that the board has found the building a danger, it is authorized to demolish it within 30 days after giving notice to the owner, according to town attorney Dan Murphy.

Eleni Paras, according to her son Spiro Paras, is in Greece visiting her ailing sister. Since the Selectboard could not provide her notice at the hearing in person, Murphy said state law allows the board to give notice by running three notices in the local newspaper. Murphy said 60 days is enough time for that process to play out, as well as for an appeal to be made.

Todd Frederick, Chair of York's Selectboard, left, and board member Mike Estes at Monday's dangerous building hearing for the Pizza by Paras structure at 16 Railroad Ave. at Short Sands Beach.
Todd Frederick, Chair of York's Selectboard, left, and board member Mike Estes at Monday's dangerous building hearing for the Pizza by Paras structure at 16 Railroad Ave. at Short Sands Beach.

The board closed the meeting with the intent to finalize the order at Monday night's Selectboard meeting. The Biagionis left the hearing glad the town is strongly considering tearing down the building and hopes it can be done before the summer season.

“I’m happy with it,” Johnny Biagioni said. “It’s got to go, and it’s about time.”

This article originally appeared on Portsmouth Herald: York Beach Pizza by Paras building moves closer to demolition