«The Casa del Postino di Salina is not abusive». The lawyer Francesco Rizzo, appointed by the patron Pippo Cafarella, replies to the manager of the Municipality of Malfa Bartolo Profilio: «Cancel the provision and declare the property an asset of public interest».
The clash between the Municipality and the owner flares up over the pink house which has become famous all over the world for the film with Massimo Troisi, Philippe Noiret and the Messina actress Maria Grazia Cucinotta. The story becomes a legal case and in the background there are also burning documents in a fire. The lawyer wrote after the municipal technician, following the owner’s request, started a proceeding by communicating the “impeding” reason, i.e. the unauthorized use of part of the property located in Pollara. For the defense of the owner, the cadastral map to which the Municipality refers, from 1953, is incorrect: the property already existed in the current volume, but was not surveyed probably because it was then of predominantly rural interest.
The explanation is actually very complex. «Based on the building permit n. 289/1985 – the lawyer pointed out – referable to mere restoration work within the volume, it is assumed that at the date of the concession there has not been any change with respect to the volume of the building. The aerial photo of the area provided by the Military Geographical Institute dating back to 1954 confirms that the consistency of the building is actually consistent with what is reported in the cadastral maps. It is believed that the 1953 map sheet is inaccurate as it does not show the areas of the building at the time, probably neglected, being a ruin mainly used for cultivation and subsequently renovated. In the 1982 project for the renovation and conservative restoration of the existing building, the plan regarding the current state (at the time) of the building complies with the current dimensions of the building. The 1982 project was drawn up following a complaint, therefore, it followed an investigation by the carabinieri and technicians of the municipality who had already verified the dimensions of the building. The 1990 works assessment report finds some minor discrepancies, but describes rooms like the current ones and no reference to an expansion of the building can be found there».
And again, «regarding the sheds disputed in 2012, the work to repair them is almost completed, therefore, soon everything will be in the state of affairs of what is prescribed in this regard and the procedure will be completed. The various inspections carried out over time by the competent authorities following complaints should have already highlighted a possible abusive expansion, if it existed. The evidence that can be presented regarding the integrity of the building over time is reduced, as years ago, following a break-in by unknown persons, documents and photographs of Giuseppe Cafarella were burned in his house while he was absent, an event regularly reported to the police.”
Lawyer Rizzo has studied every detail «The house – he underlines – is piled up twice due to its current size and shape, from the time of the 1982 project. The image depicting a person climbing was taken at the house in question around 1966, as can be seen from the young age in the shot of the person who is now seventy-one years old, the structure of the building already appears identical to the current one. In the period image of the house taken from above, it is possible to observe the absence of vegetation currently present, in particular a now majestic pine tree (over 50 years of age of the plant), present on the right of the house and at the time of the shot not yet born”. For Rizzo, «the structure of the building is identical to the current one. You can see how much the vegetation has grown and therefore a lot of time has passed by comparing it with the image with a similar framing but from a recent period». The lawyer concludes by saying that the Casa del Postino “for the owner is in all respects a work of art and was recognized as such at the time of the film and continues to be considered by thousands of people built in clear Aeolian style and renovated always faithfully so that it blends with the natural environment and the local architecture».
Hence the request to review the provision. «Cancellation in self-defense can be assumed, pursuant to law 241/1990, within a reasonable term and in any case not exceeding eighteen months from the adoption of the administrative measure. In the present case, the aforesaid regulatory prerequisite cannot be considered to exist since the provision object of the annulment dates back to 1985″.
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