MINOT — Androscoggin County Superior Court Justice Mary Gay Kennedy  ruled this week in favor of selectmen, ordering the Board of Appeals to reconsider its decision allowing Chuck Starbird to build a home on an unaccepted portion of York Road.

Selectmen objected to the board’s Nov. 9, 2010, decision that would have permitted Starbird to build a house on his property, which does not front on the town-accepted portion of the road.

Kennedy found that the board’s determination failed to meet all of the conditions involved in whether York Road meets the ordinance requirement that the house have a certain amount of frontage on “an accepted town street or private right of way.”

On June 11, 2010, Code Enforcement Officer Ken Pratt refused to issue Starbird a permit to build on his land just beyond the town-accepted portion of York Road. Starbird went to the Board of Appeals, which backed Pratt.

Starbird immediately asked for a reconsideration and on Nov. 9, 2010, he convinced most of the board that since his land fronted on a public easement that connected to a town-accepted road he ought to be able to build on it.

On Nov. 15, 2010, selectmen appealed to the court to have the board reconsider its Nov. 9 decision.

Kennedy’s ruling Monday also had the effect of postponing a Board of Appeals hearing scheduled June 22 on Starbird’s complaint that Pratt rejected his requests for three additional building permits. Those are for other parcels along the unaccepted portion of York Road that either Starbird owns or whose owners wanted Starbird to develop them.

Town Administrator Arlan Saunders said the Board of Appeals would probably meet either the week of July 11 or July 18 to deal with Kennedy’s order.

“It’s important we have everybody there that were at the previous meeting when the original decision was made,” he said.