Resident urges review of building‑code appeal and setback decisions; council says legal route may be required

Richard Mason used the public‑comment period to urge the council to review a recent Building Code Board of Appeals proceeding and several code decisions affecting a nearby property.

Mason described the March 10 hearing as the board's first in nearly 12 years; he said the board and staff appeared unfamiliar with the process, audio/visual equipment failed, and he was not told about a 20‑day appeal deadline. He recounted conversations with the deputy fire chief, building inspector, the town manager and council members and said he was advised repeatedly to retain counsel. Mason cited city code 235‑35 (minimum setbacks), said a variance approved a closer building placement and that the measured front foundation distance is now approximately 39 feet, 6 inches — below a cited 50‑foot special setback for the street. He asked the city to review whether its codes and safety standards were properly applied in that case.

Councilors and city staff responded: one councilor asked whether anything could be done outside the courts and the city manager and legal staff indicated that because the board of appeals determined the filing was outside the 20‑day window the matter may be headed for legal remedies. City staff said they had tried to avoid litigation but may have limited options if procedural deadlines were missed. Councilor discussion focused on how to prevent similar situations and whether processes or communication could be improved.

The council did not take formal action in the meeting on the matter; staff said they would review the details and that some steps may require legal processes.