Monday Night's selectmen meeting had some drama for those who attended or watched. For those who are in the know, The Osborns were on the agenda for the purpose of getting the Town's cease and desist order lifted, and get their occupancy permit approved.
Maggie and Daniel Osborn attended the meeting with their Attorney. And the segment began with the Lawyer doing most of the talking. The Attorney was evidently unaware of the pending legal action between the Osborns and Mrs. Davis, as he maintained numerous times that there was "no civil action" in this matter. "No dispute" in this matter.
Even the lawyer got caught flat footed when selectman Friel asked if he was claiming that the Osborns had the right to dig up Valcat because they owned an easement across Valcat. Mr. Friel was relentless in his cross examination of the lawyer regarding their right to cut through Valcat, to the point that the lawyer could not offer any permission that was obtained to cut through Valcat.
The essence of the early part of the presentation was that the Osborns feel that their "driveway permit" allows them to construct the entire driveway from Chase Island rd. up the hill across Mrs. Davis land and cutting into Valcat ln. to access their driveway. Neglecting the representation by Mrs. Osborn of herself as "owner/applicant" of the underlying land.
The next claim was that Valcat ln. ended at the Osborn's property. but all the tax maps show Valcat continuing beyond the Osborn property, onto the Vaillancourt property and doglegging down to the lake.
Next at bat was the Road Agent who explained right from the driveway prmit that it only is concerned with the "curb cut" and work within the Chase Island rd. ROW. He explained that the driveway/fire rd. would have had to be approved PRIOR TO CONSTRUCTION by both the Fire Chief and Road Agent based upon detailed plans submitted before construction.
Carol Davis was the next to speak, and pointed out that the ROW that the Osborns and their contractors have been using Valcat as a ROW to access the property for a year, why the need for a new Access across her property. She also stated that she has never been notified by either the Osborns or the Town as an abutter about any of these plans, laying a driveway/fire rd. across her property!
A Mr. Dobrov spoke about Mrs. Osborn's attempts to charge him $6,000.00 for "his share" of her new driveway. She then claimed that she tried to get her neighbors to share in the cost as it would be a "life safety" issue to have that access. (we remember this line being used extensively by Mr. Sapia during his tenure as selectman)
The Fire Chief was next up, and explained how Mrs. Osborn initially agreed to sprinkle her house. The building permit was issued even though the town was still awaiting plans, a couple of months later she spoke to him about options to sprinkling. She apparently spoke to Murphy about putting in a cistern and fire access road in lieu of sprinkling the house. Chief is still awaiting detailed plans, for both the house and fire road system. The house is apparently over built, and the "fire road" has a 13% grade which exceeds what a fire truck can handle. Chief Murphy has denied all permits until he has detailed plans, and a grade that is achievable.
The segment ended with Mrs. Osborn claiming in essence that even though she chose not to sprinkle, and to do everything they have done up there, they did it as a life safety decision for her family, and it should be approved. She claimed that she had the Fire Chief's permission to build the fire road instead of sprinkling. Chief Murphy then read from a letter that he sent in February 2009 denying her request for a fire road in lieu of sprinkling because he hasn't received detailed plans. She claims that he told her she had options in Oct. 2008, he states that was based upon her promise to install a cistern and fire road, and submit detailed plans to that event. Chief Murphy states that he STILL hasn't received detailed plans of the road, fire suppression system, cistern, or anything else.
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I listened to that BOS meeting. Fire Chief said current grade of the driveway over Carol Davis Land is now 13.7 not 13 and dangerous for a fire truck. He said he had "bent the law" to allow for a degree of 10 instead of 8. Why did he "bend the law"? Why was he discussing the grade of an illegal driveway in the first place?
Fire Chief must not have known the facts.
Guess it doesn't matter as the driveway will be restored to pristine woodland $$$$$.
The problem that I see here is that the towns seems to have been falling over itself in order to grant a bunch of favors to a former ZBA member; this reiforces one of the problems of this town, namely that too many people with conflicts of interest are on town boards and seek to get special treatment and favors by serving on those town boards.
Both Sue Killiam and Harold Morse are developers/builders, and both have sat on the planning board. As members of a planning board, they have an interest to lean towards the interests of builders, which prevents them from doing their duty of protecting the citizens' quality of life and investement in their property from the negative effects of overbuilding and commercial development.
Now we see another person who, despite having detailed knowledge of ZBA regulations, sought to use their position and connections to GET AROUND the law. Do you think Teddy and the fire chief would be falling over themselves to do all these exceptions for the average Atkinson citizen.
Wake up folks. There's a small group of people in our government (not all of them, many like Tim serve out of pure civic duty) who exploit their connections and benefit from them. Consider Harold Morse and all the changes he had to force through to get the over 55 development built, and how at the same time he expands his water company's pipeline (with your tax dollars) he drains the water table with TWO golf courses fed by leaky wells that lose hundreds of thousands of gallons of water to waste. Win/win situation for Harold because once your well goes dry, you'll need his little monopoly of a water company. Guess what happens to the price of water then?
Wake up folks, wake up...
Of course, all this could have been avoided if the Osburnes weren't being treated with kid gloves and having favors done in the years leading up to this...
Atkinson Town government inaction equals future problems.
And remember, the person that brought this all to the public's attention got arrested for his trouble, based on the testimony of people that have lied repeatedly to the town. Nice, huh? Just another day in Atkinson...
Do you think all these waivers and exceptions and permissions without plans and surveys, and acceptances based on promises would have been granted by the selectmen and ZBA if the person asking for them was named Grant, or Acciard, or Artus, or Brownfield, or Kaye?
Probably not, and that is the problem when you start enforcing laws selectivly
We watched that meeting and it was obvious that Mrs. OsBorn thinks she is a master of deceit and deception. I lost track of how many lies she got caught in; including not telling her attorney that Mrs. Davis was suing her. How smart is that?
Why is it that the OsBorn's have the attitude that they don't have to live up to their agreements or conditions for getting a building permit? Maggie made it appear that only lower class people have to follow the rules and regulations, and she can do anything she wants when she wants.
I also found it interesting that she tried to blame many town officials for misleading her, and it was because of them that she had these problems. (Boy did that backfire on her) Her plea that she was just trying to make the neighborhood better at her own expense was just not creditable.
When everything else failed, she tried to go to the emotionalism of being held to a higher standard than anyone else is building a home in Atkinson, and where were her kids going to sleep. (That really turned my stomach) I was glad the selectmen pointed out it was the OsBorn's that caused their own problems, and not the town.
If money was a big problem, why pay an attorney to be there? His bill will be astronomical, and he accomplished nothing. I bet that bill would have paid the cost to sprinkle.
Her presentation wasn't creditable and I think she did herself more harm than good.
I'm betting her attorney will tell her that she needs to find new counsel. Attorneys don't like being lied to.
"The segment ended with Mrs. Osborn claiming in essence that even though she chose not to sprinkle, and to do everything they have done up there, they did it as a life safety decision for her family, and it should be approved.
What about the rest of the residents of Valcat Lane? Her private driveway has posed a "LIFE SAFETY" problem for anyone who cannot access their own property as easily as they could before she did this. WHAT ABOUT THE REST OF THE RESIDENTS AND THEIR CHILDREN?
"Consider Harold Morse and all the changes he had to force through to get the over 55 development built, and how at the same time he expands his water company's pipeline (with your tax dollars) he drains the water table with TWO golf courses fed by leaky wells that lose hundreds of thousands of gallons of water to waste."
He claims to lose 1/3 of water he pumps. Who gets billed for this, the homeowner? Where does the water go? Is it going back into the ground or is it diverted to the gof couse off the record and free to them?
Can we get an audit of their water meters and books?
"Is it going back into the ground or is it diverted to the golf course off the record and free to them?"
Even with the resources of Lewis Builders and HAWC, I don't think Harold could afford _that_ plumbing bill.
If there are leaks, they are factored into the rates. By definition public utilities always turn a profit, and the customers pay.
Kenneth Dobrov signed a waiver re lot 22-48 for building on Valcat as a class 6 road as power of attorney for Mary Dobrov. But the town did not sign it. Book 4940-2846
He also signed a deed addendum. 4955-600
Tim,
The discussion has taken a turn towards Harold, and that is fine with me, because his family has been tweaking Atkinson's nose for years just as the Osborn's are now trying to do. At last we seem to have a BOS that can't be walked over.
The fact is, HAWC cannot account for over 1/3 of their water, and is something they tried to hide until the NH Dept of Consumer Affairs did the math and caught them.
But, to make matters even worse, the DES violated their own rules regarding maximum loss (16% I believe) and approved Harold's loan anyways. Some palms greased maybe????
And, you are right, HAWC customers pay for this loss, and they are now paying for the pipeline that was not needed and the Atkinson voters made very clear, they did not want.
Couple of other things that should be of interest to HAWC customers. They don't treat their water for radon, something many Atkinson wells have an excess of. Why not? Doesn't your health and safety matter to them.
And, they are not pursing their new Midpoint well because the uranium levels are too high to treat economically. But, they have uranium in their other wells. Do you know how they treat it. They dilute it until it falls with allowable limits.
Radon and uranium in your water cannot be seen or tasted, but it is there. The state has made it clear Atkinson has no say in how its water is used. Maybe it is time for HAWC customers to do a little complaining to the DES and PUC. Hey, I have a well so I don't care about their water quality. Maybe it is time HAWC customers did.
Yes, this is off the topic, but there are too many people out there who have a sense of entitlement. It is as Leona Hemsley said, "Taxes are for the little people." She paid for that and I hope others with the same attitude pay too.
Does anyone find it strange that Maggie or Sapiz aren't posting on this subject? Why do you suppose that is? Could it be that Maggie got caught in so many lies that not even Sapia wants to defend her?
JMO
It certainly is amazing how quiet the local bootlickers are, isn't it?
Maybe their new hero was shown to be zero? Hmmm...
I think Tim is correct in saying that Valcat is a private road, not a public unmaintained Class 6 road. If you accept his analysis, then you have to conclude that it is none of the town's business to worry about the conditions of the road and who can travel beyond what point.
This is not to say that the Osborns are justified in impeding travel if that is what they are doing, just that it is a squabble among landowners and the town has no basis to intervene on one side or the other with cease and desist orders. If you choose to live on a private road in NH, it is your tough luck if your neighbors are jerks. Of course you have legal remedies available to you, but on your own nickel, not the town taxpayers.
The key point here is Dobrov SIGNED the deed addendum and has FOLLOWED through with a sprinkler system. He is abiding by the building codes & permits he obtained. It's not as important that the town did not sign as it is Dobrov signed & complied. Maggie keeps complaining about how she is "put under a microscope, and held to a higher standard." Wake up Maggie...other people are not put under the microsope like you are because THEY FOLLOW the rules. If you followed the rules, ie: put in a sprinkler system, removed the bunkhouse, obtained a permit to finish your basement prior to actually finishing it then no one would be watching your every move. Just comply with the permits & zoning. Stop crying proverty...you apparently have plenty of money to destroy your neighbors land. As for saying you signed your deed addendum for the waiver of liability, and signed & agreed to a sprinkler system under duress...did the town hold you at gunpoint, superglue the pen to your hand. You could have said no, and fought prior to the construction, instead of waiting until you had what you wanted & they go crying to the town. Grow up, and take ownership for the decisions you have made.
Tim, has there been anything done about the 9 emery drive issue yet.
Sort of the same type of thing. Get shut down on building a structure and just putting one up anyway. Hope the BS go after this guy also.
Do not go up the driveway on Carol Davis private land (illegal driveway) as her car now blocks it with NO TRESPASSING signs in the windows. Springer, you go on the Davis private property at your own risk -- CRIMINAL trespass.
You got your facts straight Springer?
Curt, thanks as always for your imput. So, your wisdom points to this being a private squabble with no town bearing on the issue. How quickly your friends over at the lake have turned on you in recent blog postings since you have pointed out the obvious. Now that you have taken a position which conflicts with their agenda they are quick to tell you to go back to Danville. LOL
Hi Curt,
Other than the Osborn deed addendum located at B 4921 Page 0123 You might want to check out NH Roads Revisited located at http://www.nhbar.org/publications/archives/display-journal-issue.asp?id=308 written by attorney Alfano.
The laws covering roads have changed a lot these last few years, and this article deals with Class 6 and how they can become town roads. You will note there are four ways not the two Mr. Bennett spoke to in my presentation to our selectmen.
It is not our desire to have the town maintain Valcat, but after reading this article a case could be made that they should by prescription. I think you will enjoy the updated material and find it informative.
There is no doubt in my mind the town has control over Valcat Road, and a Cease Desist order is within their authority.
I really appreciate your insight and look forward to your observations.
Sincere regards
Leon Artus
The problem for the town is that the town has claimed Valcat as a town owned but unaccepted road, to the state in it's DOT and stormwater mgmt. reports. And it has been a public ROW by proscription for over 70 years.
Also any excavation public or private requires engineered plans to be submitted and permits to be obtained BEFORE work begins.
Springer, you go on down to atk and go anywhere you want on Valcat Rd. But do bring a witnesses camera and video camera.
There are claims by osborn of vehicle assault. Run them over. Claims of stalking with a shotgun and vandalism. Filed charges of assault of a town resident sitting in their car at valcat. Criminal trespass.
You hurry on down now. Well advised to wear a flack jacket. Hurry up. Valcat loves snoopers.
Forgot charges of stalking.
Hmmmmmmm
YOU KNOW IT!!I THINK MRS. DAVIS SHOULD INVEST IN SECURITY CAMERAS FOR HER PROPERTY!!!
The person making threats against people on here had better be careful what they say. Some people don't appreciate big-mouth idiots that run around casually making threats, and aren't very afraid of bullies. Some people even like confronting bullies, so be very careful when you post anything that even resembles a threat here please...
We read this blog at our friends house we were visiting Yesterday. So my 80 year old wife and I walked out on Valcat lookin around and when we turned around, a big man was giving this car a ticket. We don't understand at first cause his own car says "Elderly Affairs" on it.
Anyway, We went up to him and said, 'Come on, how about giving us a break?' He ignored us so I called him a Nazi. He glared and then wrote up a ticket for worn tires. So my wife called him a s-head. Then he starts writing a 3rd ticket.
Personally, we don't care. We came into town by bus to visit our friends. We try to have a little fun each day on our daily walks now that we're retired. It's important at our age.
DID THEY GET THAT ON VIDEO?
Come on. That's a joke story.
oct 22 11:35 am wow that sounded like a threat to me? that's not very nice !
oct 22 11:35 am wow that sounded like a threat to me? that's not very nice !
So whose car is blocking the ROW?
More like a warning he bring a video camera to protect his side of what could happen. You think it is safe around there? If there is a sign no tresspassing, tresspassers will be prosecuted the risk is real, not imaginary.
YOU KNOW THIS WHOLE THING WOULD HAVE NOT STARTED IF PEOPLE COULD JUST DO WORK ON THEIR OWN PROPERTY AND NOT STEAL FROM OTHERS TO BENIFET THEMSELVES.DID U THINK THAT U WERE NOT GOING TO BE CAUGHT? DO YOU THINK THAT TAKING ADVANTAGE OF THE ELDERY IS OK WELL THINK AGAIN LAST I KNEW THAT WAS AGAINST THE LAW ALSO ALL I AM GOING TO SAY IS THAT THE OSBORNS DID THIS TO THEMSELVES I AM SORRY THAT ALL THIS IS HAPPINING TO THEM BUT THEY MADE THERE BED NOW THEY HAVE TO LAY IN IT AND HARRASING ALL THERE NEIGHBORS BY COP CALLING AND FALSE REPORTS IS GETTING A LITTLE OUT OF HAND IT'S TIME TO TAKE RESPONSIBILITY FOR WAHT YOU HAVE DONE ADMIT YOUR WRONG!
YOU KNOW THIS WHOLE THING WOULD HAVE NOT STARTED IF PEOPLE COULD JUST DO WORK ON THEIR OWN PROPERTY AND NOT STEAL FROM OTHERS TO BENIFET THEMSELVES.DID U THINK THAT U WERE NOT GOING TO BE CAUGHT? DO YOU THINK THAT TAKING ADVANTAGE OF THE ELDERY IS OK WELL THINK AGAIN LAST I KNEW THAT WAS AGAINST THE LAW ALSO ALL I AM GOING TO SAY IS THAT THE OSBORNS DID THIS TO THEMSELVES I AM SORRY THAT ALL THIS IS HAPPINING TO THEM BUT THEY MADE THERE BED NOW THEY HAVE TO LAY IN IT AND HARRASING ALL THERE NEIGHBORS BY COP CALLING AND FALSE REPORTS IS GETTING A LITTLE OUT OF HAND IT'S TIME TO TAKE RESPONSIBILITY FOR WAHT YOU HAVE DONE ADMIT YOUR WRONG!
APOLIGIZE FOR MISSPELLED WORDS I AM SO DIGUSTED AND DISTRAUGHT!!!ANOTHER ONE BITES THE DUST
You believe what you see on TV? You don't know how Atkissassson works to protects its own. I ben around a long while. Bet BOS will lift that cease and desist order on Valcat, and even go over and help paint the cellar. Maybe take some Davis soil home as a souvineer. I betcha, but wouldnt want to take money from ya.
I was told that a the end of the meeting Mrs. Osorn stated that she is not a resident of Atkinson. Is this true? If it is, I'd appreciate if someone could send me that piece of the video of the meeting. If the Osborns are not residents and have kids in our schools, there is a matter of tuition that needs to be addressed.
but this is mrs.osborns family they are UNTOUCHABLE!
Lieutenant Commander William Baldwin
(Tel)603-362-4001 Ext 14
Email: wbaldwin@atkinsonpolice.us
Message from the Executive Officer
"As law enforcement officers, our fundamental duty is to serve mankind; to safeguard life and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence and disorder; and to respect the Constitutional Rights of all men to liberty, equality and justice.
In the performance of our duty, we will never act officiously or permit personal feelings, prejudices, or friendships to influence our decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.
We recognize the badge of our office as a symbol of public faith, and I accept it as a public trust to be held so long as we are true to the ethics of the police service. We will constantly strive to achieve these objectives and ideals, dedicating ourselves before God to our chosen profession, law enforcement."
this came from the atkinson pd page i wish i could feel this was true, but i have no faith in my town anymore it's sad that i say that but i know i am not the only one who feels let down by the officers of this town and the bos
Hi Leon,
Thanks for the link. You might also want to check out the NHLGC publication "A Hard Road to Travel."
From what little I know about Valcat Road, I think you will have a tough row to hoe to prove that it is a public way. In particular, I think you would have to include Carol Davis's driveway as part of the public road, as you can't have a public road that is only reachable by a private ROW.
You could hire an attorney to write an opinion based on the facts and the law. Maybe you could find one that would agree that it is a class 6 road, maybe not.
But if people are going to hire an attorney, why not just file a suit directly against the Osborns instead of trying to get the town to enforce your rights. It is questionable about the public interest, but if the road has been cut off, then there clearly is a private interest.
Another advantage of this being a private road is that the affected property owners would not be dependent on permission from the selectmen to take action. Just as the Osborns blocked travel on the road without town permission, the affected property owners could take action of their own without town permission, hire a backhoe and fix the road.
The first question for the selectmen is not who is right and who is wrong, but is there or is there not a public interest in the outcome. If the road is only used by abutters and their guests, and there is no evidence that the road was accepted, maintained or regulated by the town (before the deed stuff was done recently), then there is no reason for them to use town resources or powers to try to affect the outcome.
Well said Curt. Leave us taxpayers out of this foolishness and fight the good fight on your own. Quit slandering the BOS into taking action which will result in another suit against us. It's your fight, not ours {the Atkinson residents wallets}. Get it?
JMO
The last poster is urging the BOS to do nothing? To allow the Osbornes to do whatever they damned well want to without regard to laws, other peoples' property rights, and zoning?
Some people that post on this board are braindead...
Sorry anon @ 2:36, but you're brain dead if you actually think this blog has any impact on what happens. It's nothing more than a rant fest. The blog admins main goal is to spread discontent towards town officials. Based upon some of the responders, they seem to have some success. They certainly aren't being magnanimous nor are their efforts making Atkinson a better place. To the contrary, they are making it worse. It’s too bad, because it’s a nice town. It deserves better than what the bloggers intent is. Folks, if you want to try to do something positive, get involved. Not on the blog, but in the town. Go to the meetings. Get on a committee. Talk to your selectmen. That’s the only way to create positive change. Posting here won’t get you what you want. Getting involved just might.
Sorry BRAINDEAD 2:36pm that you're bankrupt of common "cents" or dollars. Curt makes it perfectly clear. CIVIL MATTER= NOT OUR {the taxpayers} PROBLEM. This means take it to a civil court and leave my WALLET out of it. What was so hard to understand mr. BRAINDEAD?
Let me put it another way, stay the F--K away from my $$$$$$$$$$$.
Can you HEAR me?
"October 23, 2009 3:25 PM"
Right on bro. Those of you that want change, do something rather than bitch here. Trust me, no one at town hall is paying any attention to what goes on here. It has become a joke.
Not paying attention? Truth is you are scared to death of pubic opinion. And you are scared enough to even intimidate someone over spelling.
You are scared to death of the blog. It's very obvios to everyone who reads it.
And it will continue
And you will continue to try every way to stop it
Maybe it's global warming that has so many in your face.
I heard from a Plaistow police officer that all of them read this blog. That's just one example of interest. That's all.
You don't know what to do really but your presence and deviousness expose you.
Good luck in the court of opinion. For your sake I hope you get some help and start taking your meds again.
Anon @ 9:01. I think your town officials would pay more attention to direct interaction with them. I know that the selectmen don't read the blog, so if you're trying to get their attention, you're going about it the wrong way. Call, email, have a face to face, or write them a letter. Direct communication will always get you more ocnsideration for your concerns than indirect communication. At least then you'll know that you have been heard. Posting hear does not guarantee that. I am not the one you responded too, but I do think there are much more productive ways to make Atkinson better than simply running a or posting on a blog. Talking about a problem is one thing, actually doing something about it is quite another.
Just drove by and saw digging on Valcat rd Two machines One digging straight down where Valcat used to be The other taking out what used to be Valcat rd going towards the lake!
The big machines are digging big time. Go see em. The noise is something else.
You know all these people will quickly throw out "go to the town" "go to the bos" well been there done that. I have learned they either ignore you or do nothing at all so were do we go from here when the bos and everone else say's it's out of there hands That is were this blog comes in handy, to put your input in when no one else wil listen.
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