BRENTWOOD — The town of Atkinson has requested help from the court to require a local resident to remove work he had done to his house without permission from the town or state.

The town has asked the court to grant a permanent injunction ordering John Mason Jr., of 4 Rocky Point Lane, to remove a 10-foot by 25-foot addition he built on his waterfront property without a building permit from the town.

Mason has been contacted by the town and the state Department of Environmental Services on numerous occasions since September 2007 regarding the addition but no progress has been made, according to court documents.

On Sept. 5, 2007, Mason applied for a permit to "rebuild existing structure," that was rejected because it did not meet wetland zoning regulations — it needed DES approval and a variance from the town zoning board, according to court documents. The addition already had been built at that point, according to the injunction.

A year later, DES officials conducted an inspection of Mason's property and found the construction of the closed porch brought the structure closer to public water, violating state law. On Dec. 2, 2008, DES sent a letter to Mason requesting a wall for the enclosed porch be removed within 20 days. That letter was returned to the DES as undeliverable, according to spokesman Jim Martin.

Atkinson selectmen sent Mason a letter on Dec. 31, 2008, requesting he either take down the addition or appear at a hearing on Jan. 14 to request a variance.

Mason applied for two variances, but didn't attend the hearing, at which both requests were denied.

The town received a letter from Mason on Jan. 22 that stated he intended to resolve all outstanding issues with the state in the next 45 days and would then address the town issues. But that did not happen.

DES sent out a second letter of deficiency on Feb. 5 asking Mason to correct the additions to his property by April 6.

On April 28, Mason applied for a variance with the town's zoning board. On July 8, the zoning board denied the variance. Mason did not appeal that decision.

The town inspection office, in a letter July 23, demanded Mason demolish the addition.

"It is now necessary for you to get a demolition permit and remove the 10-by-25-foot addition that you constructed without a building permit," the letter read.

The DES sent a letter to Mason on Sept. 22 warning him the state would be sending an administrative order demanding he remove the enclosed porch. That order is being drafted and will be sent in the next couple of weeks, Martin said.

On Oct. 22, Atkinson Town Attorney Sumner Kalman filed a petition for an injunction in Rockingham Superior Court. It asks the court to require Mason to remove the work he has done and to pay the town fines and penalties.

The injunction request does not specify how much money the town is seeking, but it states that Mason's failure to comply with the town ordinance "adversely affects the health, safety and welfare of other Atkinson residents," and further states that "civil penalties have and continue to accumulate."

Fred Childs, chairman of the Board of Selectmen, said the town has given Mason numerous extensions to apply for permits and he has continued to do nothing.

"It's been a long time; he's had extension after extension," he said. "We've asked him to correct it and he hasn't."

In a brief statement yesterday, Mason said he only received the court papers yesterday and intends to resolve the issue.

"It's in the attorneys' hands and they are going to try to work it out," he said.

Mason's property was last appraised in 2006 at a value of $373,100.