PALMYRA, Maine — The town says it had no choice but to sue one of its oldest residents.
Raymond Phelps, 81, will have to appear in Skowhegan District Court later this month because his porch is violating town rules, according to Gary Beem, chairman of the planning board.
Phelps, who has lived on Oxbow Road on Route 11 since 1962, says he hasn’t been treated fairly by the town.
“Unfair. Mistreated,” Phelps said Tuesday while looking at the front of his house.
Phelps said the town asked him to take down the covered porch on the left side of his house because it was within 75 feet of the centerline of Oxbow Road. The town asked him to do that a year and a half ago, he said.
Because he has yet to do so, he now will have to face a judge for the alleged civil infraction.
Beem said the town has run out of options.
The porch “was supposed to be [taken down] last May,” said Beem. “Then it went a couple more months and he didn’t do it. Then a lawyer started the paperwork because he didn’t comply.”
Beem said Phelps agreed that he was in violation of the town ordinance and agreed to remove the porch.
“That’s been over a year and they keep giving him extensions,” said Beem. “He’s in violation and the town had bent over backwards to accommodate him.”
Phelps said this isn’t the first time he has had to make changes to his home to stay within town rules. A few years ago, he had to remove a roof he constructed over his front door because it was in violation. He said he needs protection over his porch because ice can build up and he can’t open the door.
“I don’t want to change it because I need a place where I need to walk around [that’s] level,” said Phelps, who added he sometimes needs a mechanical wheelchair to get around. “I’m at the age now where I can’t even walk down over the bank there.”
Because of the 75-foot requirement, it would be hard for Phelps to add anything to the outside of his house.
The ordinance guidelines “basically go to the back corner of his house,” said Beem.
Beem understands what Phelps has to deal with because he lives on the same road.
“None of us can [add to the front of our houses]. I can’t,” said Beem. “Most places in the state, the houses are in the right-of-way. Palmyra’s ordinance is 75 feet. I’m pretty sure it reads 75 for everybody [in town].”
Phelps said the town is allowing him to keep a wooden deck on the front of his house because it was grandfathered in before the ordinance passed years ago, but he can’t cover it. The 50-foot enclosed porch on the left side of his house would have to go, however.
Beem said the Board of Selectmen has been “very patient” with Phelps, but the tipping point had been met.
“They were trying to avoid going to court because no one wants to take an old man to court,” said Beem. “But when your back’s up against the wall, what are you going to do?
“They’ve more than tried to work with him. It’s out of our hands now. It’s up to a judge.”
Beem said he can’t remember a case when Palmyra had previously taken a resident to court because of land use violations.
Sounds like he may have an ADA complaint. Leave the man alone. He has a good reason to need his porch and he has told you what that reason is. Who is harmed?
Regardless of age if you let one person violate the ordinance then someone else will do the same and they will want the same treatment as this man.
Thankfully judges have to follow the law regardless of one’s age and if he feels he has an ADA complaint he should file his own lawsuit then.
Sounds like the residents of Palymra need to get a petition going and get rid of some of their stupid ordances or maybe the people who think its so important for them to use them to show how powerfull they are. This is simply a organized majority telling an unorganized minority how they have to live.
So why has not someone done this in the past year then? If they had given him a month to comply I might feel bad for the guy but they have given him more than ample time to correct the situation.
Because no one expected people like you would sue old people.
Thank you. Some people are so stuck on following the rules that they completely lose their common sense. Dear misanthropes: get a life.
I’m not suing anyone and regardless of his age which seems to be your main focus he is breaking the law. I had no clue that being old gave you a free pass to ignore the law.
I’m guessing he is 81, and has no advocate to speak for him. PLUS probably all the paperwork and crazy things he may have to fill out are on computer. Give the guy a break…since when has our country become so heartless…
So if he was 33 years of age would you feel the same way?
If he was unable to advocate for himself, YES. I would. A porch on the side of a house to help someone get into their home…something essential. YES. For a hot tub maybe not. BUT for essentials for living yes. Where’s your heart? PLUS, let me just say this, if you have the money, you build against what the zoning says, you pay the fine and you keep your structure…seen it done before. Give the man a break. Goodness. Besides, looks like the poor guy could use a little more than a porch roof…doesn’t even look like one is on there.
Local government at it’s best.
Local REPUBLICAN government, probably…Fascism at its best!
Gimmee some home addresses on that whole bunch and I can have the newsboy throw their morning newspapers up the church steeple +75 feet in the air …..see how they would like it…
How did someone so smart manage to survive in this state! Good for you!
Zero tolerance. For non-thinkers only.
So what is your solution then?
Help the old guy, don’t sue!
Exactly, Tom!
1.) Eliminate the SPO
2.) He owns the property, he pays taxes on the property, let him do what he wants and if someone doesn’t like it tell them to buy it.
3.) Give the man a variance. When he dies trying to shovel himself out of his house because his roof piles snow in front of it, I hope you are happy with your set backs.
Zero tolerance is almost always for non-thinkers only
I see what you did there :)
Calling an atheist a non-thinker is very amusing.
I think all homes built before the set back ordnance should be grandfathered. It your building isn’t crowding the hot top what difference does it make. Do they really think there is going to be a four lane highway going in soon?
Look at the photo… maybe the town should organize together and help this man get his property in order, if he is physically unable to do so, himself (which he clearly is). They could build a flat, covered walking porch on a side that is permissible by the town’s ordinance and connect it with an uncovered porch to the front door. Maybe a local construction company could get involved and get free press, who knows? Although ptkitty (below) doesn’t seem to think he deserves it. Her description almost sounds like what Burt used to be in Dexter…
it is obvious from the picture the old guy needs help. Sad on so many levels, but I can understand why they cannot bend the rules, because then the neighbors will want them bent for them also, there has to be a solution to this elderly mans issues…
According to the story, his whole house is in violation. It is against code to do anything to his house. The next question I have is if it is a state road, Why is the town bullying an 81 yr old? Shouldn’t it be the state to take issue? After all it is a state road, state maintained, and payed for by all tax payers, not the town. I’m just glad that I strongly believe in karma.
Listen Kevin, if you need to beat up on old people let me know, I am sure we can find someone for you to do it to, we will find one and you can get your jollies off.
So you only feel the way you do because of his age?
It should be possible for him to get an ADA exemption from the planning board. Basically it would allow for the porch, etc. to be built and maintained as temporary structures that would have to be removed when Mr. Phelps no longer lives there. That would be a reasonable accommodation for all involved.
An even better solution to this problem would be to repeal all town zoning ordinances and tell the state to go pound sand.
You are too stupid to deserve to live in a wonderful sate like Maine.
“””You are too stupid to deserve to live in a wonderful sate like Maine.””
What is a sate?
If you are going to call someone stupid it is in your best interest to not misspell a simple word.
Most local codes have provisions for handicapp accessibility (ADA). Some varience criteria was added to the State language concerning Zoning Board of Appeals actions concerning accessibility.
Bangor Daily News: Alex Barber, What exactly causes my comment to be removed? Is it that “someone” with an opposing opinion just doesn’t like it? I was providing additional information NOT covered in your article…and a different view on what’s going on here. Certainly readers can agree or not agree with my comments…but at least let them read a different side of the story.
“Mr. Phelps has been running a year-round “junk and yardsale” for at least 10-15 years. It is an absolute eyesore with HUGE amounts of junk, blue tarp and permanent “temporary” buildings, and crap piled on top of crap! Cars are constantly stopping and bunging up traffic which is a major nuisance. I live nearby and I’ve seen the “handicapped” Mr. Phelps run to greet customers at his unregulated business. And…If he’s got a mechanical wheelchair, it’s probably for sale. The article and comments paints a picture of an old man being picked on. In actuality, Phelps has been a thorn in the town’s side for quite some time. He knows the rules, he just doesn’t want to follow them. He wants to be treated special. The judge will likely follow the law…Game Over, Mr. Phelps.”
The town isn’t suing him for running an unauthorized business or for having an unlicensed junk yard. They are coming down on him for a setback violation.
Did you just reveal the hidden agenda?
How long have you lived where you are.
I have lived about a mile and half from Mr. Phelps for 62 years…all my life.
I see his crap and “Yard Sale” just about every day. Although my Google Earth images are poor, I can clearly see Mr. Phelps expanding “Flea Market’ at a pretty good altitude.
Knowitall…How far away from Mr. Phelps do you live and for how long?
BTW, of what relevance is it whether I live next door to a Crap Pile or a mile and a half from it.
At a mile and a half you don’t have to look at it. Just because you don’t like it don’t mean you can tell him what to do on his own property.
Very good, but go further… too many towns in Maine have adapted their ordinances in whole cloth from other townships and were too lazy to modify or alter them to suit their own towns. Change the damn rules!
This is an excessive requirement. City setbacks in Bamgor on main roads are 15 feet from front of house and city ROW is something like 33 feet from center of 4 lane road. I am not exact but close as I remember them also 5 feet on side lines. The 75 feet from the road is crazy in a small town. Good luck Mr. Phelps, Maybe the judge will use some common sense on this issue.
Small town politics. when they plan these ordances many times you have people who have a vengence against someone and will get ordances passed or things written into them just for their own benifit. 75 foot setback means that the town stole 75 feet of your land and in this case they are after their, your, 75 feet.
A lot of this has to do with the state pushing towns to pass these ordinances and various “model ordinances” that are promoted as examples of what the towns should have. Almost always there is a SMALL, but vocal, progressive minority that is behind these ordinances and gets them passed. What is really instructive is when you look at the small number of people who actually voted for these ordinances and the underhanded way they are often presented.
What a waste of town tax money.
If Beem had any respect, he would leave him be, or see if he could make this old boys life enriched with fellowship.
I underrstand needing a cover over the porch at his age. I cant understand, someone driving by and taking notice he isnt 75′ from the line. (unless he feels this poor old mans house is depreciating his property value)
Yeah really, i would like to see if someone went out their on day and took a tape measure to the road.
Tax dallors at work, if I lived in Palmyra; I would sleep better at night. Wouldn’t you? Just knowing the town was busy measuring ….and taking people to court.
Believe it or not, in Eddington where I live the town actually DID come out and measure a few things from the center of the road, and they got upset about something that was 2 INCHES into their [formerly mine/stolen by them ] “right of way”. Narrow mindedness runs rampant in small town government [ and the Maine DOT ].
Heck, when the state rebuilt the road in front of my house they built it right out to the edge of the right of way. Then took an easement of about 50 feet of my property and built a nice useless embankment on that easement destroying my nice forested barrier between me and the road. They didn’t even buy it, so I pay property taxes on what is effectively the state’s property.
it’s going to be more than a waste of money. It’s going to cost money when an ADA lawsuit with monetary damages requires the town to pay Mr Phelps. SOunds like the neighbor across the street is “throwing stones”
I think Bangor is 30′ but I might be wrong.
Either way, it seems like somebody is trying to prove a point. Be careful Palmyra, you might open a can of worms, rotten ones.
How is this porch or covering obstructing anything on the street? If there is no apparent reason, except an ordinance, then change the ordinance. He needs some kind of covering to shield from ice—he needs a level place to move about his own home. Give him and the rest of the citizens a break from the intrusion of government.
When were the covered porch and addition added to the house? If after the ordinance, were permits issued? This article doesn’t have enough information.
75 feet sounds excessive, in any case.
It Does…and isn’t the issue the Footprint, anyway? If he already had a deck that would be the footprint..covering it shouldn’t matter!
Yes, what a bunch of little Fascists running these little towns in Maine!…I recognize it well..we have some here who won’t display the Resolution we passed in ’04 against the “Patriot Act” (wouldn’t want to remind people that we once STOOD UP against this sort of unconstitutional intrusion into our lives!)
Some people should help him put up a “temporary” awning over his deck. If the town doesn’t want a nice roof make them look at one made out of blue tarp until they make an exception for anyone with a handicap plate.
PALMYRA, Maine; how many people drive through this community? I’m sure no one would notice the gentleman’s home. Thus, 75 feet is excessive. Can he seek exemption to the town ordinance? Not, as mentioned, enough information in this article.
What are they going to do with the 75′ ? Any plans? Probably not.
Instead of picking on this old gentlemen, why doesn’t the Town of Palmyra make their residents get rid of the garbage in their yards? Can’t believe there isn’t an ordinance for that.
They should start a Palmyra Beautiful.
Sounds like the ghost of Ladybird Johnson is alive and well in Palmyra !
If he’s not in the right of way then leave him alone. I thought government was supposed to protect property rights, not walk all over them for any frivolous reason.
Protect property rights? Actually, the conservative US Supreme Court has decided that anyone’s property can be taken as long as benefits the economic development in the community.
You heard right: the Conservatives on SCOTUS decided that your property can be taken from you if a company proves it can create jobs and generate more tax dollars.
In Kelo v. City of New London, “the Court held in a 5–4 decision that the general benefits a community enjoyed from economic growth qualified such redevelopment plans as a permissible “public use” under the Takings Clause of the Fifth Amendment.”
Funny thing: the corporation never did anything with the land that the conservatives allowed to legally be stolen. It sits vacant.
Keep voting GOP, keep losing your rights to corporations, with the legal blessing of the conservative psychopaths on the US Supreme Court.
I don’t think either party has respected individual or property rights for several decades which is why I will be supporting Ron Paul this time around.
No Dear, it was the Repugs who have been doing this since Reagan.
Do some reading and Wake up!
Town elections coming up in March … time to clean house and get folks in who will replace dumb excessive rules with reasonable ones!
http://palmyra.govoffice.com/index.asp?Type=B_BASIC&SEC={92E6ACB5-D5A9-4AA9-9F9D-315135BE7101}
Their are some houses that were built less than 75 feet from the center line. What are they going to do with them?
that in effect, would make the town responsible for cleaning their toilet!
Whenever there’s an ordinance regulating private property, someone will do as they please and then ignore all the sanctions. And the only time they get irate is when they finally get hauled into court. Until then, they just assume the problem exists in the heads of the people trying to enforce the ordinance.
He is 81 years old and NEEDS an overhead shelter over his door to prevent ice build up. When ordinances like this are made it is usually because at the time it was enacted they were trying to prevent someone from building something the people in the town didn’t want built for whatever reason. One person with ties to the selectmen at the time probably had a neighbor that was going to build something that would block a view or something. Back when I was a kid my father was a selectman in a small town and he used to get so annoyed at the others who tried to use their position in that way. It definitely happens.
If this is the way Palmyra treats it’s elderly I’ll have to add it to my list of towns I will not patronize any businesses or every buy property in. What a stellar way to advertise…
Government, in this case needs to be sent packing. Stupid asinine, conjured up, liberal, control law, that allows government to screw with ones civil rights. Fire the stinking select man. This is a liberal in glee over being able to push an old man around, The town clown stinks.
I’ll bet he isn’t a LIBERAL at all……wanna bet!?
I think it’s crap that this is even happening. It’s just another case of the government flexing it’s muscles. I don’t care if he is 100 or 20; mobile or confined. It’s his damn house. City ordinance my butt. I hope it gets laughed out of court and the nasty neighbors who don’t want to see his “eye sore” of house ought to get off their high horses and embrace, rather than push away their neighbors.
He is lucky the town of Palmyra hasnt declared “imminent domain”.
He will be living in Section 8 housing soon enough.
If I lived in Palmyra I would sleep better at night just knowing the tape measure police were on patrol. 75ft seems ridiculous in any town, but Palmyra knows best. I believe 30ft is the norm. You go for it Palmyra….. Tear down homes as well that don’t fall in your zone too? Is this politics or my imagination?
Man, the town of Palmyra must get bent out of shape when guests park in his driveway, them cars must probably be about 60 feet form the center of the road at that point.
on this road, cars go over the speed limit on a routine basis, I think this house is on the start of a curve in the road where many accidents took place over the years, til the road was changed for no left turns.
#1 At what point did Palmyra widen the right of way to 150 ft in width? Was it before this man purchased the property? (before 1962)
#2 Was this voted on in a general election of the town?
#3 Was EVERY landowner fairly compensated for the land TAKEN by the act of the town if it was passed in an election?
#4 If any of the above questions are answered NO the taking is illegal and the Town has no claim.
No ordinance is enforceable if it does not comply with the Eminent Domain laws of this state. i/e Takings for the public good are allowable but the owner MUST be fairly compensated for his loss. A taking without compensation is theft under any-ones definition.
Palmyra, It’s time to get rid of these people and elect people who are honorable enough to not harass the elderly.
Eddington pulled that same trick [ with the DOTs help ] started pushing a lot of people around after the fact too. South Orrington is going through it as we speak as well.
There are a lot of places where people who have no concept of their role in local govt. These boards and committees are more in the role of advisory to the Selectmen but there are people who get punch drunk when they think that they have the perception of power. Many times when I hear of such actions I wonder if there is someone in the background who has an interest in the property for personal reasons and uses the local govt. to harass the owner to the point of selling or abandoning the property in question. There are rules to follow if this mans porch was installed after the rules were established but those rules only apply to square footage of floor space. If they have already allowed the floor area then any canopy he wishes to install is perfectly reasonable. 75 ft. is excessive to begin with. But anyone harassing an old man of 81 for trying to protect himself from the elements when exiting his doorway has a very dull axe.
It’s not eminent domain. They don’t have to compensate you.
It’s a silly ordinance, but the ordinance is there just the same and everyone has to abide by it. His house and his deck are grandfathered, new construction is not. It’s too bad the guy is in his sunset years but, just like all citizens, he should have checked local ordinances before adding on. It’s not rocket science.
In that case then any construction within the confines of the floor space of the deck and the deck is grandfathered then there should be NO question about a canopy. Any canopy which protects the doorway itself and is within the area of the deck is already allowed by the fact that the deck already exists. The man is 81 years old for the love of Christ. And yes I set on MY towns Planning Board and have for nearly 20 years. The legal setback from a property line is usually 15 ft. I am not sure if that applies to rights of way but as you state, his deck is grandfathered anyway. It is highly improper to state that an existing deck is grandfathered and prohibit any construction which may save this man’s life or at the least a trip to the hospital due to snow or ice sliding off his roof. That is willful negligence on the part of the board and may leave them liable to a lawsuit if this man should become injured due to their failure to issue a variance.
I guess you haven’t had any personal experience with the “state”.
STUPID and BAD Government is the PROBLEM..
It was the Repugs who put the Eminent Domain rule in, to help their Rich “Base”.
The right of way isn’t 150 feet wide. The set back is 75 feet. The right of way is probably only 33′ off the center of the road. When a town creates a setback, and almost all towns have them, anything built prior to the setback should be grandfathered. Nothing built afterwards will be. There are also setbacks to the sidelines of your property. In many towns this is a 15′ setback. I didn’t notice in the article whether or not he had applied for the proper building permits prior to building the deck (I will have to reread it). Had he done so and was granted a permit, this shouldn’t be an issue. Then again, I don’t know if Palmyra requires a building permit for a deck.
Pick on someone that can fight back you Whimps!!!!
Leave the guy alone. The planning board in Palmyra needs to find something else to do.
i can’t believe the court is wasting its time on this. seems like these town rules are unnecessary. 75ft seems like a long way from the road for the gov’t to making their stake. anything beyond the shoulder should not be considered town’s property or responsibility. just because a law exists doesn’t mean it is absolute and correct. it seems to me that as long as the road/view on the road isn’t obstructed it doesn’t matter what you add to the structure of your house,
Just leave the man alone. And if no one wants to leave the poor guy alone then go and help him out. Don’t neighbors help neighbors anymore? Another instance when I wish we were not stationed so far away from maine :/ could help the poor guy out. He has good reason, hes 80 freaking years old. Just let him be and let him live. I get the ordnance but is it seriously worth suing him over? Aren’t there more important things to worry about in a town or even state than an old mans porch?
Ashley thank you.
Let me see, the man is 81. Let’s think. This man was born around 1930. There was a depression was he was born, and during his adolescent years there was a World War going on. After that there was another war in Korea…… so why can’t we just give the guy a little respect, and a little room. Didn’t I read today that some city council member got to plead on an OUI case??
Tell the town to think harder…….it’s not really that bad.
And if anybody knows anything about municipal government, every one know’s that eventually, anything can be brought in a town meeting. That’s the beauty of Maine. Tell them to start a local referendum,….that will get the ole boys head’s a spinning…
75 feet ? In Palmyra ? I mean this isn’t New York City we’re talkin about….leave the guy alone then change the setback so the taxpaying residents can enjoy their own property. The Town having access is one thing but telling you that you can’t build on it ?? Is that land deducted from the tax appraisal since it is basically unusable ? ?
Sounds like the people of Palmyra need to vote some new selectmen into office. Good grief…the man has a physical/medical need to prevent ice. And 75 feet is far more than is actually needed. Just change the rule to 65 feet and leave this man alone.
Let’s see, this man is in his 80’s. It seems so patience on the town’s part would eventually have this situation resolve itself. Unless they need this right of way immediately, why the fuss? I’m sure there are enough other violations the town could go after without worrying about this.
Hey old timer, by the looks of these comments you win the court of public opinion, not that it is worth much.
Sounds like Palmyra thinks they are Boston or NYC all of a sudden. I thought we did things different in Maine, put people first, our seniors and children first. I guess not, its all rules and guidelines now, black and white, no gray areas. Pathetic.
Good Lord, will you power hungry government scum leave that poor old man alone! It’s a stinking setback restriction line “law”. If I were the selectman I’d conveniently forget about the imaginary line encroachment. “The folks”, didn’t elect you so that you could bit*hslap old folks into line.
I am hoping this will get thrown out of court.
I sit on a municipal Board of appeals with two other long time Mainers. We do everything possible to figure a way to exempt our residents from restrictions and even if there is new construction if it doesn’t violate certain state restrictions. We figure a way to facilitate our citizens to the extent where we as a board could get sued by some group or the state. We take a stand for what’s right, not for some out of towner rules brought in by the planning board chairwoman from Maryland. If this elderly gentleman lived in our town he wouldn’t be going through this mess and it just isn’t right. We also had a lawyer who sat on our board who quit because she didn’t like the fact that we were throwing the rules out in favor of our resident’s.
Well I say tough “Key rap”, our citizens come first as long as there is not some extreme violation
and if it constitutes a “technicality” or is based on some imaginary line conjured up by some bureaucratic board we are good to go. Palmyra needs to accommodate this guy and issue a non conforming variance. As long as land use ordinances violate property rights without just and sufficient cause, they need to be restricted.
Damn straight!!! People come first. We had a lawyer move in and try to throw her weight around. She is no longer a resident here. She got the message.
I like it! The more folks who understand this, the better. When someone moves into a town they had better assimilate with the locals…or they will be toast.
If they start throwing their weight around, hoping to bring their rules with them want the same services they had in the city, when rural towns can’t afford it, they get looked on in disdain by us thrifty Yankees. People think New England towns are a relic of the past…on the contrary…….they will be the change needed for the future….back to basics.
Looks to me like a case for Joe Bornestein. I wonder what Gary Beem is really up to? Does he have a private axe to grind against Mr. Phelps? Is Mr. Beem one of these people who insist on living other peoples lives for them? Maybe Mr. Beem should just pay attention to the road as he drives by.
What a load of manure. Like Palmyra is some gated community or something. Can’t some common sense prevail anymore? Your going to make an old man miserable, who probably can’t afford to pay someone to take the porch down and certainly can’t do it himself. Honorable. I’ll be sure to NEVER purchase property in Palmyra.
Ummm. I’m a bit confused…..is it this mans home or the towns?? Seriously? He cant even cover the ” grandfathered ” front porch to prevent ice from the doorstep? ordinance smordinance. Revisit the 75 foot ordinance, change it for the better. ( 35 foot rule, even 45, how much lawn does one need?) YES, I know and realise he is in violation,but I thoroughly expect he didnt live this long by being stupid either.
Obviously the town of Palmyra has nothing else to do but go to court and try to beat up an old man. Nice!
sounds like the town need’s to grow upwhat they gonna try and sue him and take his funeral money away,leave the ole man alone
Bet the members of these boards in Palmyra are from out of State, and who came here to get away from those type of rules that screw with residents, then got big heads and started to turn this and other towns toward what they tried to escape.
My thoughts exactly. This whole thing sounds like the punch line from an old joke, “You’re not from ’round here, are ya?”
As Sheriff Buford T. Justice would have said about this, “This happens every time one of these out of state floozies starts poontangin’ around with rules they brought here from away.”
I think they are all native Mainers, who are not exempt from doing stupid things like people from any other state.
…..”town is allowing him to keep a wooden deck on the front of his house
because it was grandfathered in before the ordinance passed years ago” Come Palmyra….he can keep his deck but he can not cover over that….it is not getting any closer to the road. have some common sense.
That must make chairman Bean feel like he has POOOWER. The 81 year old man has done how much over years for his town and country. Did he pay his taxes all them years. I bet he did not live off the system.Bet he was hard worker. So why doesn’t the town help him instead of taking him remove it and put up the proper stuff instead of taking him to court.
doesnt Mr Beem live close by this man’s residence? any other agenda going on here?
How knows????
It’s so simple, it’s stupifying. Grant the gentlemen a variance or a special exception because of his age, and safe access to his home. You can grant the exception, in most cases to the individual, so that when he no longer resides in the home, the porches/coverings, must go.
Another avenue is to simply modify the ordinance to allow fair and reasonable use of his property. The city could also grant an easement for his use of a right-of-way.
There are so many ways this can be fixed, it’s just plain ridiculous that they would take him to court. Don’t be surprised if a judge sides with the gentlemen. Judges have a lot of latitude in dealing with laws that are unfair and discriminatory. It sounds as if quite a few of the people who have homes that were built too close to the street have an issue here. I am more than willing to bet that most of the homes were there before the streets were widened to allow automobiles. Horse and buggy days did not need such a large right-of way.
Come on, give the guy a break, fix the ordinance or give him an exception.
What a joke and a pathetic one at that….REALLY Palmyra you have NOTHING else to do with your time and are wasting tax payers money on taking some 81 year old to court due to his ‘porch’ ???? Perhaps you can kick a puppy and slap a baby while you’re at it- what a bunch of creeps.
Another fine example of micro-management. They’re already allowing for the deck but won’t let him cover it? These so-called “selectmen” don’t have enough to do other than to harrass this gentleman? Come on now. Sounds more like: “if I can’t have one no-one will”…
He runs a yard sale out of the “porch”. It is just a poorly put together lean-to not a porch. Take a ride and check it out!! Nothing but plastic and 2×4’s!!
Seems like some people on planning and zoning committee folks like to feel they have power over people.
this poor old senior should already be grandfathered in, should not have to go to court, he has used the property this long why should he have to reconstruct his house ,maybe when these people get his age they will have a different tune make him take a small roof over his door to protect him is not even right, i am disgusted with the actions taken like old people have the money and health to fight the town over something they have already had
Well, in theory he’s in violation…so the porch has to go…but does the town setback run afoul of ADA issues? Are there any ADA issues? I guess that’s what a court will decide…assuming this guy can hire a lawyer. Of course 75 feet from the centerline seems a bit much…in Palmyra, Maine….although the town may very well have a good reason for it. What is the theory behind a 75 foot setback? Anyone?
He is 81 …get together and take care of it for him.
Age is no excuse for breaking the law.. unless your town writes the clause in “those over the age of 60 are excempt from following ordinances and rules”.
Just once I would like to hear where a town tried to help someone instead of screwing them in the name of progress! It’s time we got rid of all town officials and let the town’s people meet and make decisions! You would actually have a say in what goes on in your town!
your town has boards to do these tasks so if you want change become part of the fix and not the problem. when there is a vacancy volunteer and do your part as a citizen.
You must work for the town! Ive been there and seen them in action and have heard the famous words for the good of the town. These words come from a group of power seakers with no real concern for the people. Never once did I hear the words for the good of the towns people!
________________________________
From: Disqus
To: moose1947@yahoo.com
Sent: Thursday, January 5, 2012 4:04 PM
Subject: [bdn] Re: Palmyra taking 81-year-old man to court over his porch
Disqus generic email template
somewhrinmaine wrote, in response to moosepoops:
your town has boards to do these tasks so if you want change become part of the fix and not the problem. when there is a vacancy volunteer and do your part as a citizen. Link to comment
I have to agree with moosepoops…..the City of Ellsworth tried to win in small claims court, trying to make us pay personal property tax on a camper we didn’t even own!!! We won of course….the judge was so very disgusted with the whole bunch! I say the town should drop this case…help him fix up his porch and let him live the rest of his life in peace! This is Maine for god sakes!!!!
Palymra Maine’s friendly town my butt.
75 feet??? Why on earth would Palmyra need 75 feet from the center of the road?I bet not 1 person on the planning board can explain with common sense what they need 75 feet for.I own property in 3 towns,and they are all quick to tell you what their right of way is,but when you tell them they have an issue to take care of within that right of way,such as removing a tree,or drainage,or whatever,they will,lie,deny,do what ever it takes not to take care of the problem because of “their Budget”!!
THE TOWN HAS RUN OUT OF OPTIONS? He has been there since 1962! Leave him alone. Here is one option, LEAVE HIM ALONE!
looks to me like their setbacks are rather extravagant. who owns the property to the edge of the right of way. Maybe the planning board needs to look at their land use tables and make some adjustments especially if the reasons for such a large setback have not materialized. Things amd times do change.
So, if he leaves the roof off the ‘porch’ and it becomes a ‘deck,’ then it can be grandfathered like the other resident’s in the story? Has anyone suggested that? House owner or town officer ??
Why does the town need the 75′ right of way in the first place? That is the question.
Sounds like some obtuse government bureaucrat making up rules without applying any common sense. If a 75′ right of way is good, what about a 150′ right of way–wouldn’ that be twice as good? What if the porch was 74′ 11.5″ would that 1/2 inch be critical? If a 1/2″ wouldn’t be critical what about a 1/2 of foot, then a foot, what about a yard? What methodology and quantitative analysis went into determing the 75′?
You got to be kidding? Did you ever wonder maybe he can’t afford it. How about doing a community service instead get someone to fix it. You help your neighbor in need you don’t take them to court.
Outstanding comment! This is exactly what should be happening instead of taking people to court. Help your neighbor.
“….Then a lawyer started the paperwork because he didn’t comply.”
Some lawyer didn’t just start paperwork?
At least take responsibility for hiring the lawyer.
Then take responsibility for screwing an old disabled man.
The People (the Town) could and should make an exception for this guy, then help him fix the place up as a good will offering.
Of for crying out loud………………leave this poor man alone. Who cars if his deck sits in the ditch beside the road. What is it bothering????????? Where is the respect for the elderly???? Change the ordinance for everyone. Who cares how close your house/barn/garage/deck is to the road as long as the plow does’t hit it????
Easy fix….Someone make a motion in the annual town meeting to have everyone’s property (who lives next to a roadway) re-assessed minus the 75 feet. Everyone on the roadways edge would have their property taxes reduced and the town leaders would then come to their senses ?
Here’s a legal question……..Is someone trespassing if they are on your property within the 75′ right of way (even if you have a no trespassing sign up)?
http://www.maine.gov/mdot/technical-publications/rowmanual.php Is the DOT right of way manual…or “how to be a land-grabber”
Yes they are trespassing..because it is NOT a 75 foot right of way. It is a 75 foot SETBACK from he centerline of the road. The right of way is probably 33 feet from centerline. You own the land between the 33 and 75 feet, you just can’t build anything in it due to the setback. Property taxes wouldn’t be reduced at all, because again, it is a 75 foot setback, not a right of way. The town did not take any land from anybody when they created the setback.
That manual you posted has absolutely nothing to do with this. The covered porch is not a right of way issue…it is a setback issue.
This town should be damn ashamed of themselves. They have never heard of the word variance? Sounds to me that Palmyra has some real outta staters serving on the town boards
For shame
What’s the reason for the anti-people, anti-friendly ordinance? Are they going to use the 75 feet right now?
Perhaps the judge should consult ADA before making his decision. The judge should also consider what living conditions will be like for Mr. Philps if he is not allowed to have a roof over his porch. Mercy, justice, and common sense can coexist.
The bottom line is this…the Americans with Disabilities Act trumps local city ordinances. If Palmyra doesn’t come to it’s senses the town WILL lose millions. Now that this story is out you can bet this old man has a whole line of lawyers that specialize in disability law knocking on his door offering to take his case for a percentage of his monetary award/settlement. This is a matter of accessibility for a man who uses a wheelchair at least some of the time. The ADA doesn’t tolerate this kind of thing….at all.
I take it that this is a Town road, so my question would be WHY does the Town need a 150′ Right of Way. (75′ from each side of center line, just to clarify for those that might get confused)
This is not a town road, it is state route 100.
Retractable awning anyone?
WOW in Bangor if I had to be back 75′, I would be on my neighbors property!
I say if the deck is grandfathered, then let him cover(roof) it.
Maybe Palymyra is putting in a new super-highway and needs the space?
Sounds to me like the Maine Civil Liberties Union and the ACLU and all the other organizations that proctect people with disabilities need to step up and fight for this gentlemen.
The Selectmen in this town ought to be hiding in SHAME, instead of helping there oldest citizen they are making his life more difficult. I hope the voters in Palmyra are paying attention.
REALLY!!!!!
WHY can’t he cover the front deck ?
It is already there anyway.
I seem to remember a time when a group of volunteers would show up and help the man construct a safe and legal means of getting around. Now the village gathers ’round and builds ordinances instead of communities. 75 feet? Seriously? Some of the houses where I live, 75 feet back is the other side of the house. Change your stupid cookie cutter ordinance.
Just to give people an idea of how significant that 150 feet of clearance the Palmyra road supposedly needs…. a perfectly square acre of land is 208.71 feet by 208.71 feet. A two lane road is roughly 20 feet wide. Why the heck do they need room for the equivalent of THREE more two lane roads on each side of the current road? That’s almost a half acre of each land owner’s property they are laying claim to. Sounds like Palmyra needs to start paying land owners for all that land they’ve commandeered.
They are not leaving room for additional lanes, and they did not “commandeer” the land. Phelps still owns the land between the 75 foot setback and the road right of way. Setbacks and right of ways are two entirely different thing. The road right of way is generally 33 feet off center. So there is additional 42 feet of land to the setback, that he owns, but cannot build on. He can keep a yard, grow a garden, pretty much whatever else, just not build. He OWNS it, the town hasn’t taken it, and he knew he was in violation of the ordinance.
Anyone who needs to use a wheelchair at any time NEEDS a ramp for accessibility. The Federal ADA trumps the town, period. He’s not trying to add a room onto his house or put on something for his enjoyment or to boost property value. He’s only thinking about his ability to get in and out of the house safely. The town should vote the selectmen out.
Probably using it for an excuse to tear down the porch, it does appear to be an eye sore…
Maybe they could tear it down and build him a nicer deck,,,,
Not going to happen. New construction will not be allowed by the ordinance. That is probably why it has not been kept up. That and the difficult time that the elderly have just to get by.
There is no reason other than stupidity that the board cannot grant a variance for the remainder of this mans natural life and then have removed (at town expense) whatever he has constructed to protect himself. If you want to make a difference then find out the selectmen’s phone numbers and start calling. It may be harassment but that is what they should expect until they remove the problem people from that board. After all They appointed them in the first place. (in some towns they may be elected) (same difference).
I agree…..
Wow. Bad publicity for Palmyra. Does anyone see any backpedaling coming up?
So the porch floor is grandfathered and can remain but he can’t put a roof over it to shelter himself from the elemets? The footprint on the lot remains the same, leave the guy alone.
Also it’s called setback, not right of way. the right of way would most likely be 33 feet from the center of the road, thats what the town or state owns.
At the risk of getting my head torn off here- we are a nation of laws. If people are unhappy with something they need to get the law changed.
Good luck with that!
The zoning board of appeals could allow it if the good officials of Palmyra had any guts or smarts, but that seems lacking.
Really, unless the ROW violation is a traffic hazard, a ROW simply allows the Town to have ROW over the land. The 81 yo gentleman is the one paying the taxes on the land.
Lord, this is PALMYRA, not Hampden! I wonder what Tim Sample thinks about that. It’s probably got “mother” in a real tizzie. Is this what happens when a nowhere town gets itself a Walmart?
He can keep one porch but not put a roof over ti. COme on, what is the purpose of such a large easement, the only thinkg I can thik of is traffic may crash into it. If the porch is there, what difference does a roof make.
Suing an 81 year old? Come on people, give the guy a variance and stipulate that he is exempt in his lifetime – then have his heirs remediate the problem. I knew there was a reason why we didn’t move to Palmyra in 2010… just didn’t know what it was at the time. My taxes are better paid in a community that values its residents. Palmyra is a small town at best that has officials who think that they are more important than they really are. Ignorance abounds! These people have lost their humanity and will get their just desserts when they turn 81.
From what I hear this is the result of a prior personal dispute between Mr Beem and Mr Phelps and Beem is flexing his political muscle…What a load of crap…Leave Mr Phelps alone he is an old man and a decorated WW II Veteran….
I would really like to know why this distance is required / the intent of this ordinance. To me it seems counter-intuitive, particularly when it compromises an elderly person’s safety, however maybe a greater public safety issue is at play (although in all the time I have pondered what it may be I can not come up with one).
These are the stupidest people I have ever read about. Change the town ordinance! Whoever heard of an ordinance that prohibited people from covering the door to their house? Wake up you morons! Laws are meant to protect and defend society not deprive people of simple amenities to their houses. Too much work? Hire a lawyer! You adapted the rules from another township. Change them!!!
The following list is posted on the towns’ website. see http://palmyra.govoffice.com/
These names (if current) would be those responsible for the harassment of this man. They are appointed by the Selectmen.
Planning Board
Planning Board meetings are held of the second and fourth
Tuesday of the month at 6 pm. Meetings that have to be rescheduled are
announced in the Rolling Thunder.
Gary Beem, Chair
Maurice Thibedeau, Vice Chair
Roxanne Rowe
Angela Kelby
Diane Nicholas
Alternates
Cecil Kershner
Virginia Turner
This is not a town road, it is state route 100. The porch is nothing but old doors, plastic and 2 x 4’s. Just a lean-to!!! The deck is not even his primary entrance. Go take a look at the place and tell me it is safe to run a “business” out of. Lets get serious here and stop beating up on the town of Palmyra. I don’t live in the town but drive through every day to work. It is not a porch or even a safe deck and certainly not his primary entrance!!!!!
“None of us can [add to the front of our houses]. I can’t,” said Beem. “Most places in the state, the houses are in the right-of-way. Palmyra’s ordinance is 75 feet. I’m pretty sure it reads 75 for everybody [in town].”
easy for you. you have 20-30 acres of land behind your house. get off the old mans back.
google earth 151 oxbow rd palmyra and see beems property. then look across the street at the old mans place. the law is the law. uh huh. i guess some are more equal than others.