PALMYRA, Maine — The town of Palmyra and an 81-year-old resident have signed an agreement to bring an end to a battle over the resident’s porch, said Selectman Michael Cray.
“It looks like we’re going to be able to do something with bringing him back into compliance and without fines,” said Cray on Wednesday.
Raymond Phelps’ house on Oxbow Road, where he has lived since 1962, was found to have a porch on the side that was out of compliance with the town ordinance. Cray said Phelps had built his porch beyond what his building permit allowed.
The town had been battling to bring Phelps into compliance for more than a year before an attorney was hired.
The porch was supposed to be taken down last May, according to planning board Chairman Gary 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 in January.
The town and Phelps met in Skowhegan District Court in January, where Judge Peter Darvin urged Phelps to work with the town in order to avoid serious financial penalties.
Phelps signed paperwork with the town Tuesday agreeing to take the roof off his porch, essentially reverting it to the deck originally allowed by the building permit, said Cray.
“That’s what he had a permit for right from the get-go,” said Cray. “He just built beyond the scope of his permit. He agreed to come back into compliance.”
The agreement must have a judge’s approval.
If Phelps comes back into compliance by June 1, he won’t face any fines, said Cray.
Phelps said he signed the paperwork but he still wasn’t happy with the agreement.
“To me, a deck is like a porch,” said Phelps. “[The porch will be] all open. I have no use in having it if there’s no roof over it.”
Phelps said he signed the agreement because of the potential fines associated with not bringing the porch into compliance.
“That’s the main thing right there — the fines. I can’t afford no fines,” said Phelps. “If they fine me, I’ll be out on the road. I won’t have no place to live.”
The town and Phelps will meet with a judge on March 19 at Skowhegan District Court.
Wish I could help the guy.
““It looks like we’re going to be able to do something with bringing him
back into compliance and without fines,” said Cray on Wednesday.” – OR, this is probably just a crazy idea but, we could ignore the situation! If he ain’t hurting anyone who cares? Leave the poor guy alone and go fix real problems. Catch some dangerous criminals or something.
Obviously these officious pricks have way too much time on their hands and not enough to do. Cut their budget 50% next time it’s up for a vote, that will be a good start.
The only Pr*ck in this story is Mr. Phelps. Drove by his house this morning. Mr. Phelps has made absolutely no changes to bring his illegal porch into compliance since he erected this eyesore.
Mr. Phelps age is irrelevant…if he’s capable enough to build it, he’s capable enough to take it down. Mr. Phelps… why don’t try to live by the laws and rules that others in Palmyra have to abide by? ———————————————————————————————————– Mr. Phelps received a permit to build a porch…but he built beyond what the permit called for. Code enforcement can be frustrating and irritating. Avoid the hassle–comply with your permit. Phelps isn’t being taken to court for a 75-foot setback. He’s being taken to court for violating the rules that apply to everyone.Mr. Phelps said that if he loses this case, he’s going to move into the woods and become a hermit. There are building rules that apply there also. Say “Hi” to Grizzly Adams and “Ted” Kaczynski if you see them.—————————————————————————————-
“PALMYRA BOARD OF SELECTMEN MINUTES Wednesday, July 13, 2011 – 5:30 pm
Planning Board1. Raymond Phelps – land use violation – Selectman Cray explained that Mr. Phelps was supposed to clean up his property (per a consent agreement) by the 1st of June. He is still in violation of the land use AND HAS ADDED MORE TO THE BUILDING. Selectman Harriman asked if anyone would help Mr. Phelps take stuff down. He said that he believes Mr. Phelps is overwhelmed. Roxanne Brooks said that Ron Rowe did offer to haul some stuff away, and Mr. Phelps said “no”. Motion made by Selectman Cray to proceed with court procedures and to send the consent agreement (signed by Mr. Phelps) to the lawyer. Selectman Harriman said that he is not sure that he wants to take him to court. Selectman Cray told him that Mr. Phelps has disregarded everything that they have tried to do for him and that the building is a safety issue. Motion to proceed with legal action—seconded by Selectwoman Jones. Selectwoman Dunphy and Jones and Selectmen Cray and Barrows in favor. Selectman Harriman opposed. Motion passed. A copy of the consent agreement will be sent to the lawyer. “
Cartman:
Let’s see… ummm meee ahhhh…48 + 32 = 80… and, no…no! Let me do it! ahhhhh 0 + 0 = ahhhh….nope…no! Let me do it!
Goshdammit! Zero plus Zero equals Zero!
Of course I want some pie!
Seems like a situation that never should of gone as far as it has.
Hello?! Retractable awning company, here’s your chance for lots of free publicity, heck I might even buy one just to get a franchise.
So the roof was over the 75′ setback but the deck isn’t???? Please explain…
I know! I don’t understand how a roof violates the ordinance but the actual deck itself doesn’t. It’s like having a permit to build a house but when you put the roof on it you’re told you wasn’t allowed to do that……… There must be something we’re missing here.
I’m thinking the same thing ……………… the only thing I can think is that he got a permit for a deck but didn’t state that it would be covered and the town is just being technical ………………….. OR maybe there is some busy body neighbor that don’t like him or his place …….. hummmmmmmmmm
Yes that’s what I was wondering about….could he just rip off the roof, then apply for a permit to put a roof over his deck….that sounds fair to me! These selectmen have nothing better to do that to keep harassing this man? It sounds like the town I live in…the selectmen are busy trying to run people’s lives….cuz they don’t have one! :)
The systems owns all of us!!!!
Now, as long as the Town comes up with the funding to pay for the remodeling then this sordid affair should be finished.
“Compliance” being the key word. Comply or else.
Thanks for reminding me why I joined the Free State Project and moved to New Hampshire.
So….he is still the same distance from the road, but now this 81-year-old man has to shovel snow off his porch because Palmyra, in all their infinite wisdom, deemed a roof over an elderly man’s porch to be unacceptable? Karma’s a b!tch, and I sure hope it comes around for everyone involved in making such a ridiculously huge deal out of this situation. The town should be looking out for their elderly, not making life harder for them.
If you haven’t drove by his place don’t comment on this…his porch as he calls it is his year round “junk sale (yard sale)” it’s horrible, he lives on a main road and it is an eye sore, sits close to the road and in the summer, when out of state people stop to see whats for sale cause there could be an antique there they screw up traffic flow!!!
Exactly. When the story first came out I happen to
have to go by there and I thought it was a junk yard.
I haint drove by his place yet, and I want gonnue til you said I shouldn’t. Now I’m gonna go find it and offer to build his roof and screen in the dang thing, just the way he should be able to have it and the same way you don’t want it to be. How d’ya like that, pondering1980?
What a nice person you are to offer to help the elderly. I think the towns should take more interest in the elderly and help them out instead of causing them stress.
How about his family helping him out? Doesn’t he have
a son who is able to help? If he abided by what he was supposed
to do, the junkyard would still be there and you wouldn’t be reading
about this.
I don’t know if he has a son or not! I just thought it was nice of that person to offer to help him out! I still think we should have a little compassion for the elderly.
The town wasn’t hassling him about an “eyesore” or an unauthorized junk yard. And don’t look if you don’t like it. Or better yet, move. It is disingenuous to hassle this guy over a setback/building permit violation when in fact, people don’t like that he has junktiques on his property.
This is America pondering80. People can collect junk and people can stop to look at trash and treasures. Complainin’ ’bout the damned out-a-staters isn’t going make your lot in life any sweeter. Well, you and the town won, but it sounds like you are going to have to look at a bunch of *wet* junk. That should make it all the better.
Somebody get Danielle at American Pickers on the phone. Send Frank and Mike. Stat!
It’s “HIS” he should be able to live in it as he sees fit! get the message it’s “HIS” house, he bought it he paid for it. this is such bull^%it next they will start telling people the town has to approve the color a house will be painted. or your car has a dent you have to get it fixed or the town will take it. stay out of our lives…
I don’t have to drive by, places like that are all over Maine. I’m just glad I don’t live next to one!!!
I’d rather live next to a junk yard than a snob that has his/her nose in my business all the time. If you don’t like what the neighbors are doing, MYOB.
AMEN!
I bet your neighbors are proud to be next to you… But what do you care, your never going to move up…
It is rather hard not to drive by when going from Newport to the HOSPITAL in Pittsfield!!!! And I wish we could post pics with our comments here, cause i would stop and take pics… i don’t look, i tend to look at the nice horses that are on the other side of the street!
But you are right this is america and we have rights, if i lived in that town id be complaining to someone about him getting a license of some sort for his on going year round yard sale, better yet, maybe I should inform the IRS and see if he is paying any taxes on the items that he sells cause that’s income!!
Such a nosy, hostile, interfering person you are. Go take some anger management classes and leave the guy alone.
He’s recycling stuff is really what he’s doing. Lots of us save things that appear useless to others, but for which we have uses, maybe now, maybe later.
Oh, Deah, an “eyesore”……….how awful! Terrible crime, that, an “eyesore.”
Shall we imprison people for “eyesores?”
Old guy is just trying to sell a few things to make a few dollars. Let him have the roof on his deck and leave him alone.
Some people are eyesores, no one takes them to court.
Thanks for a good laugh. {~;>
Free Enterprise call the whaaambalance!
This is rich, he can keep the deck but not have it covered? So now the old gent can go out on his deck and fall and break his neck because without a roof it is likely to get slippery. This is all crazy and sad that American homeowners of his ripe age are bullied by power hungry officials over a damn roof.
Take down the roof and place up poles and but blue traps up! They will love that!
I got a porch that needs fixin. Who do i call???