APPLETON, Maine — The nearly six-year legal tussle over a house that was built in violation of town land-use laws may be decided by residents at a town meeting.
Selectmen were unable Tuesday night to act on a proposed consent agreement offered by Jacob Boyington of Appleton Ridge LLC, in which he would pay $2,500 in penalties to settle the case. Two of the three selectmen recused themselves for personal reasons.
The town’s code enforcement officer has ordered Boyington to comply with the town ordinance, and last year said she did not know how that could be accomplished without the house being removed.
While not acting on the proposed agreement, selectmen voted unanimously Tuesday night to refer the violation to the town attorney Jeremy Marden of Belfast. The attorney said he would file something in court to ask it to enforce the ordinance. But, he said, Boyington could petition selectmen to hold a special town meeting to approve a settlement of that looming legal action.
Attorney Christopher MacLean, who represents Boyington, said after the meeting that he would likely negotiate with the town’s attorney and come up with a proposed consent decree that would then be put before residents.
But Patrick Mellor, the attorney for the neighbors who have battled for years in court over the home’s construction, questioned the proposed route to settle the matter. He said that he does not believe that a consent decree can allow for a land-use violation to continue.
Neighbor Lorie Costigan said residents have already voted for the land-use regulations that Boyington has been violating for years.
“Should this go to town vote, it is an unfair burden to expect residents to know the particulars of this case,” Costigan said. “Seeking sympathy of a public vote while the actions were unsympathetic to town ordinances and law is selfish and self-serving.”
Boyington purchased the 0.18 acre lot from the town in 2009 and built the 24-by-32-foot home in 2010 while neighbors were still legally challenging the validity of a building permit issued by the town. The house — assessed by the town at $93,560 — was built only 15 feet from the road right of way, while the municipal ordinance requires buildings to be a minimum of 25 feet from the right of way. The neighbors argued that Boyington was able to get a permit, in part, when he presented an inaccurate description of the land to the town.
The town rescinded the building permit after being ordered to in May 2014 by Superior Court Justice Jeffrey Hjelm. During the court process, Hjelm first ruled that a former code enforcement officer had erred in granting Boyington the 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.
Board of Selectmen Chairman Donald Burke, who is an uncle to Boyington, abstained from the vote on the proposed agreement. Selectman Scott Wiley also abstained.