Appleton files new complaint in long-running battle over house

APPLETON, Maine — The town filed a land-use complaint Friday in a long-running legal battle over whether a house needs to be moved or demolished.

The attorney for homeowner Jacob Boyington said, however, that he expects a deal to be proposed to townspeople at the June town meeting that will allow the house to remain.

The complaint by Appleton was filed in Rockland District Court against Appleton Ridge Construction, of which Boyington is the owner.

The land-use complaint is the latest action in what has been a nearly six-year battle in the courts over the house located at 99 Searsmont Road. The town’s complaint points out that the home was built within the 25-foot minimum setback that is mandated by the town’s land-use law.

The town is seeking fines of between $100 to $2,500 per day if the violation is not corrected after a court rules on the complaint.

Attorney Christopher MacLean said Monday, however, that he and the town’s attorney will be trying to negotiate a settlement that would allow the house to remain in place. Any negotiated agreement, however, will have to go before residents for a vote. The next town meeting is scheduled for June. MacLean said that would likely be sufficient time for an agreement to be negotiated.

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 code officer.

The town rescinded the building permit after being ordered to in May 2014 by Superior Court Justice Jeffrey Hjelm. 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.