Marblehead man ordered to demolish home

MARBLEHEAD – After 16 years of court action and inaction, 73-year-old Bubier Road homeowner Wayne Johnson finally faces an ultimatum: a court order to demolish his home.In an 11-page decision dated Nov. 18 Massachusetts Land Court Judge Keith Long noted that it has been 11 years since the first judgment was issued against Johnson and five years since that judgment was affirmed and stated, “This case has reached an endpoint.”?The house at 74 Bubier Road must be demolished and removed, immediately,” Judge Long said. The house stands on a lot that town zoning bylaws define as unbuildable.?If Mr. Johnson has not entered into a contract by Dec. 16 for the prompt demolition and removal of the house and foundation and the re-grading of the lot, he shall be held in contempt of this court, to be enforced by all appropriate remedies,” the judge said.The contract referred to in the judgment must be filed in court no later than Dec. 19 and, if Johnson fails to comply, his neighbors may have the work done and ask the court to force Johnson to reimburse them.The last chapter in a lawsuit filed by Johnson?s neighbors, Dr. John Schey and his wife Ruth, began last August when Land Court Judge Charles Trombly Jr. ordered Johnson to move or raze his home by Oct. 4, 2010 or face civil contempt of court charges. Instead of acting, Johnson appealed the Land Court decision to the Massachusetts Appeals Court twice and was denied.?I am very pleased with the court?s understanding of the issues and the remedy (the judge) crafted,” said Attorney Frank McElroy, who represents the Scheys.Johnson could not be reached for comment.On Oct. 26 Johnson came before Judge Long, seeking to have the removal order reversed. Judge Long denied that request in this decision. Johnson also claimed that removing the house would violate the terms of his mortgages and said he was financially unable to comply with the order.The judge noted that Johnson has two mortgages with Wells Fargo Bank, the bank is aware of the situation and the bank did not appear in court to respond to the court action. The judge also said that Johnson earns in excess of $160,000 a year from employment and retirement income and removal of the house would cost him less than $50,000.The judge also denied two proposals Johnson made Oct. 26: convincing his neighbors on the other side of the house to move their house so that his lot will conform with the zoning bylaws, or to sell his house to someone who will move it elsewhere.The judge said asking the neighbors to move their house was “magical thinking,” “untimely” and “inconsistent with (Johnson?s) professed lack of funds. “It is nearly impossible to believe that the (neighbors) would ever agree to this,” the judge said.As for selling the house to have it moved, the judge pointed out that Wells Fargo Bank would have to agree to the sale and give up mortgage interest to do so, that moving the house might damage the neighbor?s home and allowing the request would only deny relief to the Scheys and require the court to supervise the process.?Given the history of this case, it would be unconscionable to do either and I decline to do so,” the judge wrote. “Orders have been entered and affirmed, multiple times, for the removal of this illegal structure and it is long past time to do so.”