APPLETON, Maine — The town’s code enforcement officer has granted a five-week extension to an Appleton resident to comply with local ordinances after he built a house in violation of zoning laws.
Code Officer C. Toupie Rooney said Tuesday that homeowner Jacob Boyington emailed her before an original Nov. 30 deadline to comply and asked for an extension. She said she agreed to give him until Jan. 6 to submit a plan to comply.
The code officer said Boyington did not give her a hint as to what his plan would entail.
The dispute over the 24-by-32-foot house dates back to 2009 when Boyington purchased a 0.18 acre lot from the town. He removed a dilapidated structure from the property and built the house in 2010.
He built the structure, however, while neighbors were still legally challenging the validity of the building permit issued by the town. The house was built only 15 feet from the road right of way, and the neighbors argued that a local ordinance requires buildings to be a minimum of 25 feet from the right of way.
Neighbors began the appeal process in 2009, and the court battle continued for five years, before ending in May 2014 with a final ruling by Superior Court Justice Jeffrey Hjelm. During the court process, Hjelm first ruled that a former code enforcement officer had erred in granting Boyington a building permit. He later ruled that the town’s zoning board of appeals also erred in granting a zoning variance to Appleton Ridge Construction and its owner, Boyington.
Rooney has said that there isn’t enough room on the small lot for Boyington to move the house back far enough from the road to comply with the regulations.
She has said that the only way the homeowner can comply is by moving or tearing down the house.
A telephone message left Tuesday for Boyington was not returned.
The land is valued by the town at $17,000 and the house at $93,560.