APPLETON, Maine — Town officials are uncertain what step to take next after being forced by a judge to revoke a building permit on a house that was built in Appleton four years ago.
Despite his neighbors’ legal challenge of a local zoning variance and a building permit, Jacob Boyington went ahead and built the house in 2010.
But former Knox County Superior Court Justice Jeffrey Hjelm ruled in May that the town’s Zoning Board of Appeals had erred in granting a zoning variance to Appleton Ridge Construction and its owner, Jacob Boyington. Hjelm also had previously ruled that the code enforcement officer had erred in granting Boyington a building permit.
The Appleton Zoning Board of Appeals voted 3-0 Tuesday night to follow Hjelm ’s order to revoke the building permit.
Stanley Millay, appeals board chairman, said after the vote that the board’s role in this matter was done and that it was up to other town officials to decide what will happen next.
Code Enforcement Officer C. Toupie Rooney said she does not know what that next step will be and would consult with the town’s attorney to discuss options. The code officer acknowledged she has never had to deal with an issue when a permit is revoked after a house has been built.
Attorney Jeremy Marden of Belfast, who represents Appleton, said through his receptionist on Wednesday that he has yet to consult with town officials and could not comment until that had happened.
Attorney Patrick Mellor, who represents the neighbors who challenged the permit, said Wednesday that it was clear that the code enforcement officer is obligated to have the property owner come into compliance. He would not speculate on whether that meant the house would have to be removed.
Boyington said after the court ruling last spring that he did not expect the house would have to be torn down or moved. But he added he wasn’t sure what his options were.
The new two-bedroom house sits on 0.18 acres surrounded by two farms.
Boyington purchased the lot at 99 Searsmont Road from the town for $4,100 at a public auction in August 2008.
The lot is assessed by the town at $17,000 and the house at $93,560.
Former code enforcement officer Robert Temple issued Boyington the building permit in March 2009.
Neighbors Paul and Rita Gagnon and Lorie and Patrick Costigan, however, challenged that permit, saying the lot was too small for the house to be built on it and and the structure was located too close to the road under existing zoning ordinances.
The 24-by-32-foot home is located 15 feet from the road right-of-way. The town requires buildings to be 25 feet from the right-of-way.
The Costigans and Gagnons first turned to the board of appeals to challenge the granting of the permit. But the panel ruled in June 2009 that it did not have the authority to overturn the action. The neighbors then filed an appeal that same month in Knox County Superior Court.
There have been numerous court actions since then. In February 2011, Hjelm vacated the building permit and ordered the code enforcement officer to rescind it. Temple rescinded the permit. Boyington then applied to the municipal zoning board, which granted the variance from the setback requirement in November 2011, again over the objections of the neighbors.
As of September 2013, the town had spent more than $25,000 on the legal battle. An updated cost was not available Wednesday.