Atkinson officials order couple to vacate home

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Article from the ET

Atkinson officials order couple to vacate home
Atkinson officials say there's no occupancy permit


By Eric Parry
eparry@eagletribune.com

ATKINSON — Police delivered a letter from the selectmen to Daniel and Margaret Osborn on Monday night, ordering them to vacate their 8 Valcat Lane home.

All three selectmen signed the letter, which directs the Osborns to leave their house within five days because they do not have a certificate of occupancy.

But Margaret Osborn said yesterday they only received the letter because they are being harassed by town officials. She said they are in full compliance with all building and fire codes.

"We don't even know why we don't have an occupancy permit," Osborn said.

Town Administrator Philip Smith and the three selectmen have been told by their attorney, Sumner Kalman, not to comment on the letter. Kalman did not return a phone call for comment yesterday afternoon.

Osborn wouldn't say whether she is living at the home, nor if they are, whether they plan to leave as instructed.

"I can't let people know our whereabouts," she said.

The letter is the latest in a complicated controversy between the Osborns and town officials.

In October, the selectmen sent the Osborns a cease-and-desist order because they were building a driveway without a permit. Also, the state has been investigating alleged shoreland protection violations at the property. No information related to that investigation was available yesterday.

The letter delivered from the town Monday does not indicate whether the Osborns would be subject to any penalty if they do not obey the directive.

But according to the town's zoning ordinance, any violation of building codes is punishable by a fine of $100 for each day after written notice is given to the offender.

The letter from the town cites an affidavit signed by Daniel Osborn that states he has been living at 8 Valcat Lane for a month.

The document is part of Osborn's file at Plaistow District Court. Daniel Osborn was arrested on a misdemeanor criminal threatening charge for allegedly swinging an umbrella at Leon Artus' car on Oct. 13, according to court documents. Artus also was arrested on the same date on a misdemeanor reckless conduct charge involving a motor vehicle.

Two weeks before the arrests were made, Artus complained to the selectmen that the Osborns had destroyed Valcat Lane when they built a driveway to their home.

Margaret Osborn claims her home has been vandalized and she has been harassed by residents.

Osborn listed Valcat Lane as his current address on a pretrial release questionnaire. According to the document, he said he had lived there for a month. The questionnaire is not dated.

The questionnaire also lists Osborn's employer, his previous criminal history and previous address. The telephone number listed on the document is out of service.

As part of Daniel Osborn's bail conditions, he's not allowed to be within 100 yards of Artus.

But Margaret Osborn said yesterday she denies any information on the document apparently signed by her husband.

She said they have used 8 Valcat Lane as their address since they moved from their previous home in Atkinson two years ago.

She denied that her husband filled out the document, even though it carries the signature of the defendant. The signature is not legible, but Daniel Osborn is the defendant in the case.

"We're being singled out and harassed, and will now have to deal with our legal counsel on what we should do," she said.