ROCKLAND, Maine — A state judge said Tuesday he would try to issue a decision as promptly as possible on what financial penalty should be imposed on an Appleton man who was forced to remove a house.
The town’s attorney Jeremy Marden told Justice William Stokes during a Tuesday morning hearing that Appleton has incurred about $9,000 in legal costs since filing a land-use complaint in 2014 against Appleton Ridge Construction and its owner, Jacob Boyington.
The town’s attorney and Boyington’s attorney did not make opening or closing statements during the hearing but said they would file written arguments this week on their positions on a possible penalty.
Last July, Boyington moved the two-story house from his property because the structure was found by a Knox County court justice to have been erected in violation of town zoning laws.
Specifically, the 24-by-32-foot building was not far enough from the road, and Boyington could not reposition it anywhere on the 0.18-acre lot to satisfy the zoning requirements. He had been granted a permit by the town, but the court ruled the permit was issued in error.
Code Enforcement Officer C. Toupie Rooney testified Tuesday that Boyington was cooperative with her after the land-use complaint was filed and that he updated her on his efforts to find a solution to the matter.
Boyington was required to move the house by Jan. 20, 2015, and it was moved July 30 of that year. The town and state law call for fines of $100 to $2,500 per day of a violation.
Boyington, the sole member of Appleton Ridge Construction, said once the town filed the land-use complaint against him, he considered many options and settled on seeking to have the town approve a consent decree with him. Once voters rejected that proposal in June 2015 at town meeting, Boyington said he moved quickly and the house was relocated by July 30, 2015.
Boyington acknowledged that when he purchased the lot in 2009, he was aware that a building permit could not be guaranteed. He received a permit but neighbors appealed, saying that the building was too close to the town right-of-way. He said he continued to build the house while the appeal was ongoing but said that then code officer Bob Temple had repeatedly assured him that the property could be built on.
Boyington informed the court that during the legal process he rented the house for nearly six years, receiving $600 per month. He added, however, that he paid $4,100 for the lot, spent $5,000 for a septic system, $5,000 for a well and $7,000 for earthwork and foundation work. The cost to move the house last year was $30,000.
“You didn’t make a profit did you?” Boyington’s attorney Christopher MacLean asked his client during Tuesday’s hearing.
“No, I did not,” Boyington said.
MacLean also pointed out that there was no environmental damage from the land-use violation.