BATH — After months of deliberation, tense words from the City Council and threats of fines and litigation, the city has resolved a dispute with residents who put two small buildings on public land more than two decades ago.

The Bath City Council this month voted to allow Esther and Mardouni Sharrigan – an elderly couple who own property on Butler Head on the shore of Merrymeeting Bay – to purchase neighboring city property and avoid having the two structures torn down. The 5-2 decision on Oct. 1 appears to end a complex fight that initially left the council unable to find a solution.

According to City Solicitor Roger Therriault, the Sharrigans can purchase the property, which amounts to less than an acre, for $48,000.

In January, the Sharrigans approached the council and asked to buy a piece of land on Butler Head for $7,500. The Sharrigans already had an easement over a portion of the property for a septic system, and wanted to purchase the land because a pair of buildings they built decades ago were partially on the city-owned property.

Despite the fact that the Sharrigans were essentially trespassing on city property, the city has known about the buildings for 25 years, and has included them in the couple’s property tax assessment since at least 1995. Based on the mill rate from each year since, the Sharrigans have paid $10,266 in additional taxes due to the increased valuation.

When the dispute first came to light, the council was sharply divided about whether to sell to the Sharrigans or fine them.

Under the new agreement, the Sharrigans have agreed to terms that allow them to purchase just enough property to make their buildings legal while also conveying certain easement rights and property back to the city. The Sharrigans also agree to never expand any of the buildings on the property.

Chris Chase can be contacted at:

cchase@coastaljournal.com

Twitter: cchaseCJ

Copy the Story Link