Charlestown board refuses to rehear appeal of building permit for Perry Mountain home

Published: 04-20-2023 1:36 PM

CHARLESTOWN — The Charlestown Building Code Board of Appeals has denied a motion by the Perry Mountain Community Group for a rehearing of its 3-1 decision in January to uphold two building permits issued to landowner Roger Clarke for a 10,000-square-foot home with a barn on Perry Mountain.

In its notice of decision issued this week, the board cited state law which says in part, “any person aggrieved by a decision of the building code board of appeals may appeal the decision to the superior court.”

Bonnie Remick, a member of the community group, said the group is not sure what its next step will be. Remick, who owns the conserved Skye View Farm that borders a Class IV road leading to Clarke’s property, also said work has not begun on the home proposed by Clarke.

The Selectboard also has approved the proposed widening of about a half-mile of Borough Road Extension, the Class VI road. The community group also is fighting that approval, claiming that widening the road would encroach upon the Skye Farm Conservation easement which cannot be disturbed. The building code board said in January that the approval to widen the road should also be appealed to Superior Court, not the BCBA.

Andrew Jellie, the building code board chairman, said the board’s jurisdiction is limited to the building permits issued by the town.

“Whether or not (the) Class VI road can be widened is not a question tied to the issuance of the building permit,” Jellie said in January, referring to a written communication received from the town’s attorney.