The town’s code enforcement officer said further decisions on what, if any, action will be taken against the owner of a house, that may have to be removed, rests with selectmen.

Code Enforcement Officer Robert Temple said June 14 that the 90-day deadline he gave Jacob Boyington of Appleton Ridge Construction to correct the land-use violation at the house passed that day. Boyington’s attorney had asked for an extension, Temple said.

Temple said, however, that he wants to consult with selectmen at their next meeting on June 21. Any decision on an extension or enforcement action will rest with them, he added.

At issue is the construction of the home on a lot that fails to meet the minimum lot size. 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.

On Feb. 11, Superior Court Justice Jeffrey Hjelm ruled that the building permit, issued in 2009, be rescinded because the permit was granted in error because the lot was too small and did not meet the required setbacks from neighboring property lines.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.

Temple then sent a letter to Boyington in March telling him he had 90 days to correct the situation.

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

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.