Appleton gives homeowner deadline to comply or move house

APPLETON, Maine — The town’s code enforcement officer has given a homeowner until Nov. 30 to comply with town ordinances, which she said means either tearing down the house or moving it to another property.

Code Officer C. Toupie Rooney said Tuesday she does not know how owner Jacob Boyington could otherwise comply with the ordinances.

Rooney issued a notice of violation to Boyington on Oct. 15, when she informed him of the deadline.

Boyington could not be reached for comment Tuesday or Wednesday. A message left with the attorney who has represented Boyington during court proceedings over the last four years also was not returned.

The code officer’s action came two weeks after the town’s zoning board of appeals voted to rescind a variance it had granted Boyington and the building permit that had been issued. The 24-by-32-foot house, built in 2010, is located 15 feet from the road right of way. The town requires buildings to be 25 feet from the right of way, but there is not enough room on the 0.18 acre lot to move the house back far enough to comply with the regulations.

Neighbors appealed the original permit issued in 2009, pointing out it failed to meet the town’s ordinance, but Boyington built despite the legal challenge.

Knox County Superior Court Justice Jeffrey Hjelm ruled in May that the town’s zoning board of appeals erred in granting a zoning variance to Appleton Ridge Construction and its owner, Boyington. Hjelm also previously ruled a former code enforcement officer erred in granting Boyington a building permit.

Boyington said after the court ruling last spring he did not expect the new two-bedroom house would need to be torn down or moved. But he added he wasn’t sure what his options were.

Boyington purchased the lot at 99 Searsmont Road from the town for $4,100 at a public auction in August 2008. The lot, located between two farms, is assessed by the town at $17,000 and the house at $93,560.

Selectman Donald Burke said Wednesday that at his last check the town had spent more than $25,000 on its legal expenses.