SKOWHEGAN, Maine — After nearly two years of frustration, the town of Palmyra had its day in court Monday with 81-year-old resident Raymond Phelps.
The town claims Phelps’ porch does not comply with its ordinance governing setbacks.
Selectman Mike Cray and town attorney Mark Beaumont sat in court across the room from Phelps in a hearing at Skowhegan District Court on Monday afternoon.
Phelps has lived on Oxbow Road since 1962, he said. He added a porch to his property more than two years ago, but according to the town, he didn’t have a permit to do so. He has been asked to take it down, but hasn’t yet.
The porch “was supposed to be [taken down] last May. Then it went a couple more months and he didn’t do it. Then a lawyer started the paperwork because he didn’t comply,” Gary Beem, chairman of the planning board, said earlier this month.
Palmyra has a 75-foot setback requirement from the centerline of Oxbow Road, said Beem, who also lives on that road. No one who lives on the road in that town is allowed to build within the setback.
Judge Peter Darvin seemed concerned that Phelps didn’t understand the ramifications if the town prevailed in the case.
“You’re potentially facing some significant financial penalties,” said Darvin.
“I’m 81 years of age. I don’t have the financial [resources],” responded Phelps.
Phelps didn’t have a lawyer and said that he couldn’t afford one. He asked to have a court-appointed attorney, but the judge denied his request because it is a civil case.
Darvin continued the case and said the next court hearing would be held within 45 days. However, he urged both sides to come to an agreement before then.
“It’s rare for these cases to go to a hearing,” said Darvin.
Cray said after the hearing that Palmyra is still interested in working with Phelps, but that the town has to enforce its ordinances.
“We’re not trying to take an 81-year-old man’s house,” said Cray. “We’re not trying to burden him with the hardship of fines and all that stuff with the court process. We just need him to comply with our ordinances, that’s all. We’re very, very willing to work with him. We’ve tried to do that the last two years.”
Phelps said he had a permit for the porch, but the town lost it. If Palmyra wins its case, he said he can’t pay any penalties.
“I’m going to go out in the backwoods and build me a shack out there [if the town wins],” said Phelps. “I’ll be there like a hermit.”
Phelps’ son Raymond Phelps III of Newport said he’s going to try to work with his father and the town to come up with a resolution.
The elder Phelps said he thought the problem went beyond just the ordinance. He said neighbors complained about his property.
“It’s ridiculous to have to put up with someone across the road who says I’m running a junkyard,” he said. “I have it all covered and all out of sight and sound [in the porch].”
Darvin ordered both sides to exchange evidence at least 10 days before the next court date.
I was hoping this article would explain the reason for the unusually large setback. It seems when the town dictates which part of your property you can build on, they have taken a use of it. They should need a very good reason and be required to pay adequate compensation for the portion of your land you cannot use as you wish.
I would also like to know when this ordinance went into effect.
Was it before or after he built the porch?
Was the ordinance in place prior to his purchasing of the property in 1962?
Was the ordinance in place when Selectman Mike Cray was elected?
Will the ordinance remain in place after Selectman Mike Cray is replaced?
Just wondering if you read this?
http://bangor-launch.newspackstaging.com/2012/01/04/news/mid-maine/palmyra-taking-81-year-old-man-to-court-over-his-porch/
Yes, I have read that article. I do not see where it indicates the date the ordinance went into effect. Nor did I see any reference as to why the town felt a 75 foot setback was necessary.
This is a very small porch to be concern over! It is only a right a way–did the town pay for the right away or is it a ploy just to take the property owners land?
Mr. Phelps is running a junkyard within the setback and it is NOT all covered and all out of sight.
From the Jan 4, 2012 BDN comments:
“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.”
Looks like the only things new we learn here is that: 1. Mr. Phelps isn’t entitled to a court-appointed lawyer, 2. Mr. Phelps is running an unlicensed junkyard, and 3. Mr. Phelps is about to become a hermit.
KW’s comment below also accurately describes the situation.
May you be treated with the same consideration and respect.
So they waited 1o-15 years…LOL
So does he get financial help from the town or does he pay his own way with his junk-yard funds
be American and pay your own way thats bad for our political image!!
LIVE FREE!! and Dont TREAD ON ME!!
The property belongs to Mr Phelps, not the town. Do you get that??
So if I own the property next door to you, I guess that means you’re OK with me putting up a 400-foot-tall wind tower 10 feet from the property line, right?
As long as it’s 75 feet from the center, why not? Of course, you can’t do anything at all within the setback, oh, and make sure that you get a permit. Good luck with that.
Pretty much as it is your property. Hope you are ok with my dogs!
That’s pretty heartless.
There certainly looks like a junk yard in front of the house…It’s a pig pen…..not too hard to tell which house he lives in. How about some people help this guy get the porch down….I am sure it will be removed easy and quick, and the Town should dismiss the case.
Pretty much describes half the houses in my town. This is Maine not Massachusetts, the way life should be.
Did you note that the Chairman of the Board of Selectmen lives on the road? I agree, if he can’t do anything with the land, other than pay taxes on it, then he should be compensated for it. Road setbacks are done for one reason, and that’s as a buffer for potential reconstruction. There are no plans for reconstruction, leave the old guy alone.
So have him get a variance and permits and get rid of the REAL problem – the junkyard issue.
Make sure the structure has to be returned to compliance before willed/probate/living trust or sold.
Darn.
If its the junkyard issue, they sure have alot of them to clean up in Palmyra. Then off to Harland, Canaan and need I go on. As I stated in an earlier issue, I was suprised taking a trip to Togus in Augusta that on our way we passed many junkyards!
hell that’s what I thought Maine had turned into…a junk yard…the whole State is loaded with them…it’s not vacation land anymore is junk land now…I have a neighbor next door who must a dozen junk cars out back on his property,can’t see them from his house but you can sure as heck see them from mine..when friends arrive for the first time they ask me if I’m running a junk yard…the town says there’s not a dam thing I can do…just a way of life I guess…and my neighbors response when questioned,”Can’t see them from my house”.
good fences make good neighbors–so Frost wrote
That sounds like a good plan.
Exactly, give him a variance for some time, then how about some of the people in town get together, help the old guy move his stuff to a different location, then help him take down the dreaded porch. Communities used to work together, and help each other out. Now it’s all lawyers and court. Maine is becoming another Sue-achuettes.
are there not more important things for the damn town to worry about? He’s 81 years old, it may sound awful but he probably doesn’t have much time left. Just leave him alone.
So how old do you have to be to get an exception? 71? 61? 51? As someone in my 30’s if the town ignored him and he was my neighbor, my first step would be to sue the pants off them for not letting me do the same.
75 feet is a bit stupid though, can you imagine how many cars are parked in driveways right now in Palmyra violating that ordinance, and there is more of them cars then this mans porch. The permit is one thing if he so did not apply for one and assumes this ordnance was on the books then, if he did indeed build without a permit they should leave it alone and harass the next owner and I am sure the town will get the same response, then again this has gone on for over 2 years, the town on their part has taken too long to get him to take the porch down when he had finances then to put it up.
dont forget the birdhouses.
Good point, but makes me wonder if someone should go out and check the location of the bathroom…
I stated pretty much the same thing when the original article was posted. Prepare to be called names and have folks tell you that you are a bad person.
well I know america is sue happy so that doesn’t surprise me but I really just think he needs to be left alone. its just a simple thought not something to get all worked up about. I mean there are a million more important things for a town, or anyone to worry about.
Thank god i don’t have you for a neighbor.
they should not infringe on the rights of the people
To quote the punchline from an old joke, “You’re not from ’round here, are you?”
Agree. The fact that they’re devoting resources to this type of pettiness is a clear sign that they are overstaffed and overfunded. Remember this voters, next time the budget comes up for approval. A 25% cut would be a good start, and if they keep harassing people, cut them again.
Really, I agree. The wealthy people on the lake where our camp is located just build and add on to their camps as they wish. They have the financial means to fight the town and the town, not wanting to spend the money fighting, simply grants a variance. Here is an elderly person with little money, trying to earn a few bucks with the year round garage sale thing-grant him a variance or kill his business so he can come to the town for general assistance. I think the real issue is regarding the garage sale business and eyesore issue. They’re using the porch as an excuse to put a stop to it.
The United States of America-a nation of laws…too dam many laws
ashley,.. you are so right!! This town has issued me a permit that was not in the ordinace before.. But mine was exceptable?? I can also take you to a few places in the town that is not within the requirments, and but you wouldnt ever know it cause they are over looked. It is sad but if you are a friend to some people,.. your over looked,.. I think that is more the reason why he is so pissed! NOT all of the selectman are this way,.. we have one that will speak HIS OWN mind. but one of the few that wont follow. one vote is not enough. my tax money to fight against his porch,.. lets vote on that n see if he will be over looked or not!!!!!
Wow at 81, the town can’t come up with a decent compromise. Considering the setback… If that setback was in my town, my house would become domain… So sad. Palmyra, let this man live his last 10 years or so out in peace. Does a foot or two really matter in the large scope of things, do you really have to sweet the small stuff? This is small stuff. Really, with all the eye sores in society, and Palmyra, please. They are acting like this is downtown Washington D.C.
I talked to a friend who works at the court and the house isn’t the problem. its grandfathered in. the problem is that Mr. PHelps built a bunch of additions and other shacks out of 2x4s, storm doors and windows, and tarps in front of and on the side of his house without permits. I think the setback issue is involved, but not the main issue, its more the fact that he hasnt bothered to apply for any permits and just keeps building these falling down deathtraps.
Also, “Oxbow Road” isnt some random no traffic side street, its Route 100 in Palmyra, and i think it has a 50mph speed limit.
is it true that one of his close neighbors is a selectman in town?
Yes,it’s Beem in the article.Practically across the street from him.
If beem moved would the problem go away?
….
In most small towns the Selectmen have more to do than to go looking for trouble, especially when “trouble” is 80+ years old. In most small towns the Selectmen overlook things like this until they get a complaint and then they’re bound by law to do something. Hmmm… the Selectman lives on the same road??
IMO the real culprit here is the one who did the complaining. The solution is fairly simple. Either issue a hardship variance or change the ordinance.
ya if you go fast enough you cant see it..Be Free Let the man live!!
I think this guy needs to move to Wilton.. Oh wait… they fought a couple to remove a deck in a similar case and the people ended up leaving town (as so many other residents do from that place).. Too bad they can’t make an exception and help this guy get into compliance. Everyone is struggling !!
aren’t there any other important issues that the town government can focus on?
Will everyone who can, please avoid the Oxbow Road in Palmyra from now on. Oh skip it. Will everyone please avoid Palmyra from now on.
OMG Let him keep the porch….
I don’t know enough about this to say much, but if he can’t get a variance, then how is the ‘town willing to work with him’ short of full compliance?
How do you get a job where you can get paid for being fustrated over an 80 year old mans porch roof. I’ll bet this job even comes with all the fixing, health insurance state retirement paid sick days. Maybe a petition to eliment the job would take care of this needless crap and save the taxpayers a bunch of money.
Give me a break…..
The way I see this, the old guy did what he wanted to do and did not care about what the town or the people around him had to say. I have a neighbor just like this. And this is what it take, it draggs on and on and on!
This code enforcement BS has to stop. You own your land after all telling you what you can do, can’t do is total BS. We need to end this type of abuse of power.
Or we shouldn’t be paying taxes on land that the town is claiming as right way…better yet the town should be paying for a lease on that land.
Many years ago, the town of Holden was charging my Uncle taxes on a road that went through his property. He kept telling them that it was a town road and that he didn’t own it. They kept insisting that he did. One day when the town was working on the road below him, He put up a toll booth. He charged the town 10cents every time they wanted to get through hes property. The town wasn’t long in removing the tax on the road off his property taxes and refunding a bit of what they had taken all those years. If the town has a 75 foot setback,
maybe this gentleman should charge a toll for the town to use the setback.
Unless you’re Roxanne Quimby, in which case, everyone should be able to tell you what you can and can’t do on your own land, right?
Join the Free State Project and move to New Hampshire (seriously).
I’ll be building my 400 foot tall wind tower and my sewage treatment plant up against your property line starting next week. Hope you enjoy the view.
Oh and don’t forget to apply for tax credits for your wind tower…….
I totally agree with you Randy! These selectmen and town people have nothing better to do than to whine about these people who are just trying to make a buck! I say these town’s people should put up or shut up! Help him fix his porch…help him sort through some of the stuff and maybe make it a bit neater…..there are plenty of people with time on their hands…..just as stupid as Ellsworth taking us to court on a camper we didn’t even own! We won of course…..judge was so damn mad!!! Why it went that far…..leave this guy alone….even if he doesn’t like to play by the rules….and who does….stop this court action and help him out….if I were the judge I would fine the town for being so petty!
Soooo, you wouldn’t mind at all if someone bought the lot next to yours and started a pig ranch, land fill, nuclear power plant, etc.?
You have something against pig farming? At least they are earning a living
As long as it’s not in my back yard! mmmmm…where else can you get sausage, bacon, ham, and pork chops from one animal? pork, the miracle animal!
Ok, so why doesn’t the town do this … revise the ordinance to 50 feet and let an 81 year old man live in peace.
Today the judge could have ruled against Mr Phelps, but he didn’t. Any lawyers in the area have a need for some ‘pro bono’ work? Man needs a variance from the ordinance, based on a hardship.
where is the ACLU
Let the guy have his porch. How is it hurting anything? What’s it to you? Bullies.
Oh brother, have the actually driven around Maine and looked at the houses? They’re almost all old and falling down. What a cruel thing to do. How about the neighbors get off their whiney bottoms and help him? There must be a lawyer out there willing to to do some pro bono work for this man.
If he could afford to build a porch, then he can afford to take it down and pay these fines. Bravo to Palmyra for going after the criminals in your city! Let’s hope someone goes to prison over this!
What is wrong with you? Criminals? Seriously? Get a life.
I say that a man who has broken the law and refuses to comply with a LAW is a criminal and my comment gets flagged for review? Great job Bangor Daily readers!
And you say it again. Good for you.
I’d stop paying taxes on the part of MY property that I couldn’t use because of an ordinance like this. If I couldn’t use it, why pay the taxes on it?
Sounds like a selectman has a personal agenda. Perhaps the tax payers of the town should do some vetting as to what the towns money is being spent on, personal agendas, or real town business?
Coming to a your neighborhood, the new “Marshall” operating as the Code Enforcement Officer.
My guess is the town is highly sensitive to the PR troubles taking an 81 y/o to court will elicit.
My guess is also that they’ve played nice with him along time and he is completely difficult to deal with. I suspect that the hapless old gentleman can turn into a real bear at the town hall.
I would certainly file for a variance. That would stay any court action until the outcome. It is a real problem. I live near a home that is nothing but a junkyard too. You are between a rock and a hard spot, are you a good neighbor and ignore it…..even as it continues to get worse, or do you bit the bullet, and force the town to do something?
I don’t think the porch is the main issue here. It sounds as if he as pi$t off some town flunky elected official, and now it is a vendetta. Small town politics are that way. A 75 foot right of way for a state highway is ridiculous. That is 150 feet total for a 24 foot road. I bet half the houses in the town on this road could not be built back after a fire with a setback like this. I wonder how they (the town) would deal with that? Most houses in Maine were built before the days of GPS, and many had zero or near zero setbacks. Bringing something like this into conformance is…..quite honestly not worth the waste of town resources.
“We’re not trying to take an 81-year-old man’s house,” said Cray.
There is a total lack of common sense being used here, by Mr. Cray and by the judge. But that is what we are now, a bunch of peasants ruled by an elitist class that wants things just so. A man wants to build a porch on his house and he is told to tear it down. No matter how you care to argue or debate this, that is ridiculous.
Unfortunately if you make an acception for one person you have to make it for everyone else. I do feel bad about his situation, but an 81 year old man who is sharp enough to build a porch is also well aware that he needs a permit to build it (and to keep a junkyard). Mr Phelps sounds like a controversial character in his neighborhood, be glad he’s not your neighbor!
The description of the porch indicates that it might fall within the definition of a temporary structure. I believe it has to do with how the structure is attached to the house. If so then that might be an issue.
I happen to like these curmudgeonly old guys. When I grow up I want to be just like him! :-))
Family & friends should get together and help this man out by helping him comply with the town & court. I do question the set back distance since it’s unually far, many towns set back is 15 to 20 ft and not 75 ft Palmyra.
Yeah, they are willing to work with him…as long as he does exactly what they want. The man is 81 years old. Shame on you.
Palmyra…Palmyra…my heart’s on fire…for Palmyra!
why can’t people just mind thier own bussines. 75 ft ridiculouis.
As commented earlier it’s not a setback issue as much as a junkyard issue.
….
Don’t forget always pick on the old and weak.. lesson 289045 in the political power handbook,
geesh judge…why can’t i keep my trashy porch in full view of everyone including other neighbors and their property values?..should be much more enforcement of trash heaps people maintain in their front yards that diminish a community and its property values
This is insanity are you seriously this desperate for court fees that you have to take an 81 year old man to court? Judge this man could be your father would you treat your father the same way? Proubably.
Its a friggin porch and he is 81 years old leave him alone and let him live the rest of his life out the way he wants or better yet why don’t you go build him a better porch screw the permit and acting so high and mighty and taken an 81 year old man to court over a porch wow really you must be bored.
Hey you can not build a shack with out a permit!! Its all about control government control!
Big Brother trying to grab more property from a tax payer…..town should be ashamed….Let this gentleman live in peace…….We have let idiots come up with to many of these dumb $ss laws over the years….Go Away Clowns..
“Big Brother trying to grab more property from a tax payer…..” What property are they trying to take? And the idiots you are speaking of would be the townspeople of Palmyra, I assume they were given a chance to vote on the ordinance.
How can one not feel sorry for him. He should not have to be under this pressure at 81 with all the other expanses. Members of the community should come together and help him out by building whatever is needed.
Building isn’t needed, tearing down is….
The man lived there since 1962 before the town ordinance was established, he should be grandfathered as an exception to the rule. The cause of action is mute for lack of jurisdiction. This town should be ashamed of themselves. Help the old man. 81 years of life is not easy, have some compassion. The case should be dismissed for lack of cause of action, jurisdiction. Do unto others as you would have them do unto you.
Instead of fighting about it, why don’t you take the cost of the attorney’s, judges, and whoever else has their hand in the till and FIX THE PORCH FOR HIM!!!!!
SHAME ON YOU PALMYRA! WHERES JOE BORNSTIEN. 81 years old! Let him live the rest of his days in peace!
Nothing in it for Joe.. sorry
Just call American Pickers and have them go through His “junk yard”. Maybe they will buy a lot of it and the junk will be no more.
People, he is 81 years old. They tend to hang on to stuff. Nothing wrong with that. My dad use to say what someone does on their own property is their business. As a good neighbor, help them do it if asked and move on. Keeps good neighbors if, you mind your own business.
Good Lord—The man is 81 years old—leave him be to enjoy the rest of his days , with the porch!!—-You people can’t find anything more serious then this to keep yourselves occupied?? Remember, your time will come!–And who is he really hurting?–
Yes this man is 81 years old, but does that exempt him from the laws? So you who feel he should be left alone agree that everyone over 80 or 70 or whatever should be exempt from the laws? Every law or just the ones you pick and chose?
Most roads are 33 feet cut back taken by any government whether it be city state or federal. I guess the governing body decides through legislative districts. How much hollering would you hear from you bloggers when a story runs about Eminent Domain. When anyone can take any land from anyone given the right connections. It happens all the time. Someone wants to put in a shopping mall and they have clout. Guess what a shopping mall goes in and many people loose their homes, Eminent Domain. Think your safe in your little acre of land. Think again. It can happen to anyone of us and with little recourse.
I remember when the turnpike authority tried to take land by Eminent Domain….and this pissed off one gal….forgot her name….she dug into the Turnpike Authority and found out how Violette was spending the taxpayers money…..so Eminent Domain did not work in this case…Violette goes to jail!
the man is 81 years old, why don’t some of you good citizens help the old man and tear it down for him?
From the pictures next to the article, it looks like the house is tilted. Perhaps the whole house and not just the porch need to be looked at.
Shouldn’t the people of Palmyra have more courtesy and respect for this poor man.? He is 81 years old. Instead of giving him a hard time.. HELP HIM.
A Governor that wants to take away his medical insurance and foodstamps, and now this ? The Town of Palmyra should be ashamed of themselves….but then again…the Governor is not.
Why does this particular road have a 75 foot setback? Do all streets in Palmyra have a 75 foot setback?
75 feet is a huge amount of property to give to the town so the town can have this kind of setback ordinance. Think of what could be built on that swatch of land. For example, a 10 by 12 shed would fit very nicely with room to spare or even a pool. Towns are getting ridiculous. Many ordinances get pushed through without the knowledge or consent of the people of the town. It is time to stop the nonsense and get the ordinances reviewed and rescinded.
If this is a junkyard, then the town should be taking a different view rather than trying to enforce a ridiculous set back ordinance. Is this a health hazard?
It’s kind of ironic? The entire purpose of our government is to protect our personal liberties, yet by telling this man that he cannot have his porch, they are actually doing the exact opposite and infringing on his personal liberties.