The owner of a house on Route 131 has sought an extension of an order from the code officer to comply with town ordinances or remove the structure that has been the subject of a lengthy legal battle.

The decision on that extension request rests with the code enforcement officer, said Donald Burke, chairman of the Appleton Board of Selectmen, on June 13.

Code Enforcement Officer Robert Temple has asked selectmen for advice on what to do, Burke said.

Burke noted, however, that selectmen do not meet again until June 21. The deadline on the 90-day order issued by Temple to Jacob Boyington of Appleton Ridge Construction Inc. is June 14, Burke said.

A telephone call was made and an email was sent to the code officer early June 13 but the message has yet to be returned.

The letter from the code officer followed a Feb. 11 order by Superior Court Justice Jeffrey Hjelm that a building permit, issued in 2009, be rescinded because the permit was granted in error because the lot was too small and did not meet the required setbacks from neighboring property lines.

Boyington built the home as an appeal from neighbors was working through the town and the courts.

“It is necessary that I direct that the structure erected under Building Permit 09-01 be permitted, removed or modified to bring it into compliance with the Town’s ordinances as interpreted by the court,” the letter dated March 15 from Temple stated.

The home is located at 99 Searsmont Road (also known as Route 131).

The town spent $10,314 on the legal case but decided not to appeal the case, citing the costs and the low probability of the appeal being successful.

The house is assessed at $64,510 while the 0.18 acre is assessed at $17,100.

The property was purchased in August 2008 by Boyington at an auction. The town had acquired the land for non-payment of 2005 property taxes. Boyington removed a mobile home on the property the next spring and filed an application for a building permit to construct a two-bedroom home.

Neighbors Patrick and Lorie Costigan and Paul and Rita Gagnon appealed the permit’s issuance both to the town’s appeals board and the court, arguing that the home would be too close to the property lines and the lot was too small to be developed.