Ex-Pizza by Paras owners in ongoing legal fight over 'unsafe' York Beach building

YORK, Maine — JD Biagioni was in middle school when Pizza by Paras, located next to his grandfather’s candy shop at York Beach, was closed due to unsafe conditions.

Monday, 14 years later, Biagioni told the town's Selectboard problems have continued at the long-closed pizzeria, and it’s affecting his grandfather’s shop, Johnny’s Candy Corner.

He said construction work without permits continues in the shuttered building at 16 Railroad Ave. Despite the stop work order taped to the door, Biagioni said construction could be heard in the early hours.

“This last part strikes me as someone who sleeps in the building next to the property, and is woken every morning by the sound of drilling and hammering," Biagioni said.

Other problems laid out in court documents from December provided by the town include damage to Biagioni’s building’s foundation, as well as the sidewalk. Town officials say they have ordered Pizza by Paras owners to stop unpermitted work and address safety concerns in the building that go back years.

While the Paras family has battled the town in court over the years, town officials are hopeful their recent notice of violation will be enforced.

Town Manager Peter Joseph said he could not say where litigation stood Tuesday but that a resolution was expected in the coming weeks to address the unsafe building. The structure had its electricity disconnected by the town in December per court order, according to Joseph.

“There are some significant safety concerns,” Joseph said. “That’s our primary focus right now.”

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Pizza by Paras, town have been in conflict for years

Pizza by Paras has been closed since May 2010, when the town ordered renovation work to stop, charging that the family had not obtained proper work permits. Plumbing, electrical, and structural violations were cited at the time.

The action by the town set off a series of legal and permit-related issues between the town and the owners of Paras that continued for years. Spiro Paras, the son of the owners and who has represented his family, has alleged that the town has been unfair, citing “Catch-22” situations in which repairs were demanded but permits were not issued to do the work.

In 2019, then-code enforcement officer Amber Harrison said she was optimistic they were closer to a “building that meets life safety codes.” Significant repairs were still needed that were laid out in a court complaint going back to 2017, however, and a judge asked the parties to settle.

When they did not, a trial was set for June 2019 in which the town and family remained at odds. The town insisted over the years that Spiro Paras would get permits for repairs, refuse to allow inspections as required, and then let all the permits expire without the work being completed.

A ruling in September 2019 from Judge Jeffrey Moskowitz ordered Pizza by Paras to correct violations that included acquiring a certificate of occupancy and permits for work needed to avoid violation.

The town motioned to enforce the action in 2020, then again in 2022, as no work was completed, according to town officials.

“For whatever reason, it never happened,” Town Manager Peter Joseph said.

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York looks into Paras building again in 2023

The town reapproached the Paras family with a notice of violation and order for corrective action Dec. 1, 2023, outlining the remaining concerns. That included excavation work at the property under a public sidewalk that was not permitted and has caused hazards.

Other violations listed by the town include excavation next to and at the neighboring property, Johnny’s Candy Corner, that has compromised or harmed its foundation. The notice also alleges there are unsafe, unsanitary, and deficient parts of the structure. It lists inadequate means of egress, fire hazards, and parts “otherwise dangerous to human life and public welfare.”

Since that notice of violation went out, Biagioni said the problems for his grandfather Johnny Biagioni have not stopped.

He said work done without permitting has included the digging of a 10-foot hole that, in recent flood waters, has appeared dangerous to anyone who wanders onto the property. A gate was left open, Biagioni said, allowing anyone to wander in and fall through the hole.

Also, a concern, according to Biagioni, is the method of powering the building after the town disconnected its electricity. Biagioni alleged the owners of Pizza by Paras began using a generator to power the building and that, when investigated by the state fire marshal, showed heat in the building at 200 degrees Fahrenheit. Joseph could not confirm the temperature but said it was true the Paras building was briefly found to be powered by a generator.

Today, the Paras building's windows are filled with messaging that refers to the dispute that goes back 14 years.

Some of the messages are handwritten – “systematic abuse by York employees for ten+ years,” “Baseless lawsuits.” One line alleges “strangulation by York” and “loss of $750,000/year potential income.”

One piece of paper in the window refers to a past court date offering a $100 gift certificate “to all who attend and are present at the verdict.” The message urges patrons to “follow the dough” for the truth about the “financial rape of honest Greek Paras family by York.”

Biagioni told the board he was aware of “he said, she said” but was not worried about that. His concern was why, given the stop work order from 2022, the work continued. He told the board he was asking for “just transparency.”

“Specifically, what the plan is regarding the property, and what steps have been taken,” Biagioni said. “This is the most important issue concerning York Beach. With each passing day, it grows more and more concerning.”

Selectboard member Todd Frederick said the hope is for the town to address the issue after nearly 15 years.

“Well, the grandson that testified, he was in fifth grade (when Paras was closed),” Frederick said. “I hope there’s a resolution.”

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This article originally appeared on Portsmouth Herald: York ME: Ex-Pizza by Paras owners in legal fight 14 years later