PALERMO — A York man has been asked to apply for a variance if he wants to save a treehouse the town says violates shoreland rules.

David Tyndall and his 9-year-old son built the treehouse last summer on Tyndall’s Sheepscot Lake property. They built it without a permit 93 feet from the high-water mark of Sheepscot Lake, as measured by Code Enforcement Officer Darryl McKenney.

McKenney ordered Tyndall to remove the treehouse because Palermo’s shoreland ordinance prohibits any structures within 100 feet of the lake. McKenney told Tyndall he could not grant him an after-the-fact permit.

Tyndall took his case to the Board of Appeals on Wednesday. Board members and McKenney found that the town’s shoreland ordinance says, “Any order, requirement, decision or determination made … in the enforcement of this ordinance is not appealable to the Board of Appeals.”

Board members therefore voted unanimously that they lacked jurisdiction to hear Tyndall’s appeal.

Tyndall began his request to the board by asking if he could address the issue “the easiest way I can think of,” by requesting a 7-foot variance from the setback requirement.

Appeals board Chairman Richard Thompson said he will send Tyndall the form to apply for a variance.

Palermo’s ordinance requires a copy of the variance request be forwarded to state environmental officials at least 20 days before the local board acts.