Visitors meander about the Barnard Tavern property in Kennebunk at an open house on May 22. Citing a lengthy list of structural issues, the owners are proposing the property be deconstructed and reconstructed, reusing as much as possible. Dan King photo

KENNEBUNK – Faced with the discovery of structural damage from a fire more than 45 years ago, as well as deteriorated sills and a plethora of other issues that have transpired over its 230-year lifespan, the new owners of Barnard Tavern are looking to deconstruct the main building and then reconstruct it.

Kari Gates, who purchased the property at 9 Barnard Lane with her husband Randy in February, said the amount of damage to the circa 1790s structure was only discovered when they opened walls as they prepared to renovate the interior. Following an examination by a structural engineer, Gates said that they believe the best way forward is to take the house portion of the property down, save as much as possible, and rebuild.

“It is not feasible to do this piecemeal,” said Kari Gates outside the Barnard Tavern on a recent weekday. “We’re proposing to carefully deconstruct, use what we can reuse, and put it back together.”

Damage unrepaired from a fire more than 45 years ago at the Barnard Tavern was discovered as the new owners prepared to renovate the structure. Tammy Wells Photo

Accounts differ as to precisely when the tavern was built.

While the town’s property cards state 1776, other accounts disagree. An undated newspaper clipping indicates the land was purchased by Joseph Barnard in 1781 and the tavern built in 1784 – others say it was built in the 1790s. An ell and barn date to 1830-1840.

Barnard, who drove the first mail coach from Portsmouth, New Hampshire, to Portland in 1787, and later became Kennebunk’s second postmaster, operated a hotel there until his death in 1817. His widow, Rachel, ran the tavern until 1823, when she sold it to Timonthy Frost. Frost operated it until 1853. The property became a farm during the Civil War, later became a rooming house, and later still a family home.

While some have said the Marquis de Lafayette was a guest there when he traveled to America in 1825, others say that didn’t happen.

It was purchased by William and Jo Johnson in 1975, after a fire.

The Gates’ purchased the property with the intent to turn the main house into apartments. They have plans to renovate the barn.

Additional deterioration inside the Barnard Tavern in Kennebunk. Tammy Wells Photo

A letter to Gates from L & L Structural Engineering Services, Inc., of South Portland, outlines its assessment of the home. The company noted that the first-floor system is “significantly” deteriorated throughout.

“The floor beams and joists that are supported by the existing timber sill on top of the foundation are severely deteriorated and unsafe at some locations,” engineer Joseph Leasure wrote. “We discovered that the existing 8 by 8 timber sills on top of the foundation wall are deteriorated at some locations. The sills above the foundation in the aforementioned areas where the foundation wall is failing, are severely deteriorated and require replacement.

“The existing second and third floor structure (joists and beams) are grossly deficient and incapable of supporting the code stipulate loads for the intended use. In addition, there are notches in the joists and pockets in beams which are compromised and require reinforcement/remediation as well.”

His examination noted fire charred beams on the second and third floor, the roof framing as “grossly deficient” and noted it had been compromised around the chimney due to fire damage.

“In our opinion it will be more cost effective to demolish and remove the existing timber frame superstructure and salvage the existing foundation which is able to be remediated … as compared to the challenges to implement the required remediation of the entire existing super-structure,” Leasure wrote.

Kari Gates, who bought the Barnard Tavern with her husband Randy in February, stands inside the 230 year old structure on an April day. Tammy Wells Photo

What the couple didn’t know when they purchased the property in February, Gates said, is that a deed executed in 2015 from the then owner, Jo R. Johnson, trustee of the Johnson Property Trust, to purchaser C & K Realty Corporation, contained a clause that said the buildings could not be removed without the consent of the town of Kennebunk and Johnson. Gates said the deed they received when they purchased the property did not contain that clause.

Gates said she applied to the town’s Historic Preservation Commission on April 19 to deconstruct and reconstruct the house, but then discovered the clause. In early May, she asked that the town’s select board take up the matter of the clause involving at their May 25 meeting, but that didn’t happen. According to a letter to the Gates from Town Attorney Natalie Burns,  release from such a clause would require a town meeting vote.

Gates said she’d like to know how and then the clause was drafted.

Town manager Mike Pardue said the matter is being examined.

“The town isn’t aware of any information provided to the town about the creation of the right of enforcement, and also has not located anything in its records about this,” said Pardue. “As to whether it’s valid if it wasn’t accepted by the town, the town attorney is reviewing that issue at this time.”

Gates said  the house has called out to her since and her husband moved to Kennebunk two years ago.

“I think everyone is in love with this house,” she said. “We want to do it right.”