Marblehead man gives up, will tear down his own home

MARBLEHEAD – Wayne Johnson?s 16-year battle to save his $1.1 million home came to an end Wednesday morning in Boston Land Court, with the 73-year-old man?s promise to have the house torn down in February.He will comply with Judge Keith Long?s November order to demolish his home and remove it from its location at 74 Bubier Road. Under the terms of that order Johnson had to file a demolition contract in court by Monday, and he did so.?It?s really going to happen. I believe this was the last hearing in this case,” said Attorney Frank McElroy, who has represented Dr. John and Dr. Ruth Schey, Johnson?s next-door neighbors, in town board meetings and in court, since 1994.Nine days ago the judge warned Johnson that he could be found in contempt of court and sent to jail if he did not comply with the November order, but there were still some last-minute legal actions in a case that began when the Scheys filed a lawsuit against him, stating that his house was built on an illegal lot and blocked their home from sunlight and an ocean view.When Johnson filed the demolition contract a second page was attached. “It had a list of amendments requiring his neighbors to agree not to trespass, all sorts of things,” said McElroy.McElroy subpoenaed the contractor, Scott Frotton of S and T Frotton Inc., of Dracut. Frotton, who is disabled, testified that he will start work by Feb. 17, giving Johnson two months leeway for holidays and moving.?(Frotton will) do a good job,” McElroy said.The Scheys were not in court Wednesday but Johnson was, accompanied by his lawyer, Attorney David Noonan of Amherst. Noonan told the court that Johnson has signed a lease on an apartment in another community, starting Feb. 7.Reached at his office Wednesday afternoon, Noonan said he has worked with Johnson for the past 18 months, mostly helping him to plan for the financial losses he will now endure with the loss of his home and the losses attached to his two mortgages. Noonan offered no comment on Johnson?s behalf and Johnson could not be reached for comment.After conferring with Noonan Wednesday morning, Johnson agreed to remove the second page from the contract, withdraw his application for a Board of Appeals hearing that sought to negotiate a solution with the Scheys and withdraw a last appeal of the Land Court decision.Johnson did not testify. Noonan told the court his client recently realized “the inevitability” of his situation.?The Scheys will be pleased to hear the news,” McElroy said, “but I don?t think they?ll be celebrating. They filed their lawsuit in hopes of avoiding this (outcome.)”The court acceptance of the contract ends a series of recent efforts that began in the fall of 2009, when Land Court Judge Charles Trombly ordered Johnson to move his home or demolish it by Oct. 4, 2010. His order upheld a 2000 Land Court order which ended an earlier series of appeals.Johnson filed appeals of the 2009 order as well and tried to amend the Marblehead zoning bylaws in a way that would make his house lot legal. The appeals and the amendment were unsuccessful.