Marblehead man still living in house ordered razed

MARBLEHEAD – Despite setbacks at court and Town Meeting, Wayne Johnson, 73, continues to live in the $1 million house he built on Bubier Road, regardless of town and court orders to raze it or move it.Attorney Frank McElroy represents Johnson?s next-door neighbor, John Schey, and successfully argued in court that Johnson sub-divided his lot illegally when he built the house. Schey has said the house keeps his house constantly in shadow and blocks his view of the ocean.Building Commissioner Robert Ives has ordered Johnson to remove or raze his home from the lot at 74 Bubier Road, Marblehead. Last year, Land Court Judge Charles Trombly Jr. gave Johnson an Oct. 4, 2010 deadline for the town?s order to be carried out.On May 3 Town Meeting rejected a zoning bylaw amendment that would have made Johnson?s home legal.The following day, seven months after Judge Trombly?s deadline, Attorney McElroy and Johnson?s lawyer, Attorney Charles LeRay of Boston, were back in court again. The lawyers presented oral arguments on McElroy?s application for a civil contempt citation against Johnson for not obeying the judge?s order. A decision is pending.On June 8 three members of the Board of Selectmen n Harry Christensen, Judy Jacobi and Bret Murray – met in executive session to discuss a request from McElroy.McElroy asked them to direct the building commissioner to enforce his order to Johnson, and have the house razed or moved as supported by the Land Court.Selectmen sought the advice of town counsel in the matter. “Their answer was basically a ?no? given that there is a contempt complaint (amended) against Johnson in Land Court just waiting for (a court ruling).”?We?ll be ready to fly when the decisions come down, and Johnson will try to slow it down again,” McElroy said.