From the Eagle Tribune;
Deadline looms for owner of illegal addition
By Jarret Bencks
jbencks@eagletribune.com
BRENTWOOD — An Atkinson man who has refused to remove an addition built onto his home has until Dec. 31 to respond to a lawsuit filed against him by the town.
The town has asked Rockingham County Superior Court to grant a permanent injunction, ordering John Mason 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.
Atkinson has been trying to get Mason to remove the addition for years, according town officials.
On Sept. 5, 2007, Mason applied for a permit to "rebuild existing structure," which was rejected because it did not meet wetland zoning regulations.
It also needed approval from the state Department of Environmental Services and a variance from the town zoning board, the court documents said. The addition already had been built at that point.
Mason has been contacted by the town and the DES on numerous occasions since September 2007 but no progress has been made, court documents said.
On Oct. 22, the town resorted to filing the lawsuit in Superior Court. Town Attorney Sumner Kalman filed a petition for an injunction that asks Mason be required to remove the addition and pay the town fines and penalties.
The petition does not specify the total damages the town is seeking.
Mason's property was last appraised in 2006 at $373,100.
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49 comments:
Finally the Town is attempting to enforce their own rules and regulations. Mason now with Osborn next. Hope the fines are large enough to send a message to all those building illegally. We know the Osborns have all the money in the world, just hope Mason does too.
Money or not they should be held to the same standards of law locally , state,and federally as are we peons. The lack of paying attention by the towns boards and the inspectors are the cause. The top officials look the other way is also a problem when it comes to getting the inspectors to do the jobs they are supposed to do. Water runs down hill until it seeks its level and that's being polite in my commentary.
Not to mention that they are not paying their share of taxes when they hide the real size of the property or add features on the sly.
We should think about offering a % to anyone who turns in their neighbors for unpermitted finished basements and attics.
That would level the playing field.
I'm hearing the Osborns have a lot of surprises coming their way. Hope it cost them millions. Couldn't happen to better people.
Mr. & Mrs. Osborn have deceived everyone they have done business with regarding build houses in Atkinson. Their philosophy is screw anyone that gets in their way to achieve what they want to accomplish. It's nice to see everyone has caught on to them and putting a stop to it. Worse neighbors you could not find.
I hope they get what they deserve and then some.
jmo
I'd like to see Jack Sapia post here under his own name defending the Osborns like he tried to do a couple week ago at a selectmen's meeting.
Hey Jack, why don't you post immediately and tell us all just how in the right the Osborns are? Do it point by point, since the Osborns haven't been willing to prove ownership or answer to all their violations. Tell us how they are being targeted by the town and what you would have done for them if you were a selectman.
How about it Sapia, be a man and post. Inquiring minds want to hear what you have to say. You know how much your opinion means to us non-elderly voters. Help us out here, will you?
We love you Jack! Make us understand, please.
Good point. Jack always thinks the average taxpayer doesn't have the smarts to think for themselves without his direction. LOL
How about it Jack, tell us how to think. We need your input. HELP!
What kind of fool do you take me for?"
Jack won't say anything till Maggie tells him what to say. WTF
"Why? Is there more than one kind?"
Jack thinks friendship is more important than doing the right thing for his sworn position. Just look at his past.
SAPIA FOR SELECTMAN.......THAT'S WHAT I SAY!!!!!!!!!!!
NOT! LOL
WHAT A JOKE SAPIA IS!
Jack and Maggie went up the hill.........u know the rest.
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Since you own the IT company, shouldn't you know this?
Is it possibe this character thougt he was on a different blog. Like a tecnology help blog or enterprise startup blog?
Or is he just daffy.
I was watching the meeting last night. Saw Acciard come in to ask about the town accepting a donation on the condition of a warrant article passing. Good question, but what was REALLY funny was Phil's reaction.
Acciard came into the room, and Phil jumped up like there was an electric shock going to that chair! I never saw him move that quick! How juvenile can you get? Acciard said he was in favor of the donation up front, just wondered about the form.
Sounds like the Osbourn's are the neighbors from hell! I deeply feel so bad for anyone who lives near the Osborn's...What a mess that family is. How could they be so selfish and so blind to the laws. And so cruel to people that live around them at the same time. I am happy they are being exposed for the jerks they really are.
This was a public hearing and NO ONE asked why we need this new car, 'cause we don't.
Where is the evidence this is needed? The mileage logs for the past couple of years, the time cards, the list of people who used it.
If we have to pay for these things, we have the right to know who is getting the service.
This should not be hidden from us.
Why do we have to have so many vehicles?
I shouldn't have to buy cable just to know what's going on in this town.
So the DES has found no violations with the Osborne's property. Wow,
that's a suprise since the blog has tried and convicted them already. Why can't someone from this blog send the DES the evidence? Oh, they don't use "public opinion evidence" in court. Boy, that sucks because I thought we had them by the balls on this one.
Why was Mr Acciard at the meeting if he is no longer a resident?
jmo
Who said the Osborns committed no violations? DES has sent them a deficiency notice, and it is not the first one either. And who said Acciard doesn't live in Atkinson anymore?
I thought Acciard moved to Derry and started renting his house in Atkinson.
As far as I know his wife and kids moved to Derry after somebody spray painted threats on his house. I see him around town almost every day, I think he only rents part of the house.
"I shouldn't have to buy cable just to know what's going on in this town."
You can go to the meetings. They are open to the public.
"You can go to the meetings. They are open to the public."
Sure.
If you knew what was to be discussed. This means that they have to post the meeting legally, in advance, with a subject.
Even then, one has to drive to Town Hall and read the announcement hanging in the glass box.
Really, are they kidding?
This is almost 2010. If they weren't tring to hide what they are doing, the meetings would be on the internet, the postings and minutes on the town website for people who have to drive from Boston, or travel for work or work evenings.
This is not too much to ask but is reasonable and expected.
"Who said the Osborns committed no violations? DES has sent them a deficiency notice, and it is not the first one either. And who said Acciard doesn't live in Atkinson anymore?"
December 15, 2009 1:33 PM
Is this statement true or is this "blog fact" ? If it's true then you must have access to these
notices. Could you post them here for us to read, or is it just plain old "blog facts" that you made up?
Actually, I think the RSA's don't require you to post an agenda, just a meeting notice. But yes, it would be nice if more was on the web. That website leaves a lot to be desired though.
Does anyone know the decision the zoning board handed out during the last meeting with the 9 emery Drive "already build with a foundation" garage? This is a home of a contractor that poured a pad and footing without a permit 24' from a swamp. Good part is that he did this while Bob Jones was away for a few days, how convenient!
This is another person that has no morals when it comes to building codes.
The Law merely requires a meeting notice to be posted in TWO public places. such posting to include time, date, and location of meeting. But most meeting in Atkinson traditionally include an agenda.
I know what the law requires, the PROBLEM is that it's not reasonable in this day and age for them to post a hard copy where few have access to them.
Thye love to throw it in everyone's face about attending and watching but the truth is they (BOS) do little to get the info out to the public (whom they serve). It would be so easy for them to stick the notices on the website. Smith or Snicer should do it.
They use lack of attendence as an excuse to keep everyone in the dark.
If they took care of this problem quickly, more people would participate and the real problems would come out and would have to be addressed more quickly.
I don't understand why the technology group didn't make this a
recommendation for asap. It's obvious.
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.
Now she's saying that her husband didn't sign these court documents.
Sweet. She's be her own undoing.
I think the guy from the technology committee said something about a warrant for putting the meetings up on the website so apparently they are moving in this direction.
But Margaret Osborn said yesterday she denies any information on the document apparently signed by her husband.
Fact remains. You are ordered to vacate your illegal occupancy by this Friday at 4:pm. You are ordered.
"I don't understand why the technology group didn't make this a recommendation for asap. It's obvious."
What is obvious is that you have not done your home work. The Technology Committee did recommend a new web site, professionally done that will contain features common to many current web sites. It requires a complete do over and that requires money that does not exist. The current site was done with old software and maintained by a volunteer. You get what you pay for.
The Tech Committee is working on a Warrant to obtain these funds and funds to overhaul the town's IT infrastructure, which at the moment is a complete mess.
However, you do not need a web site to know, BOS meeting every Monday night, 7:00. That is no secret.
Webmaster
Would you please use the Osborn Order to Vacate a Submission Article? It is an issue by itself that people want to blog to, and will free up Deadline looms for owner of illegal addition for continued comments
Webmaster
And could you please transfer all Osborn comments from here to under the new submission article.
NOPE, sometimes selectmen's meeting starts at 7, sometimes, 7:30, sometimes 6:30
"What is obvious is that you have not done your home work. The Technology Committee did recommend a new web site, professionally done that will contain features common to many current web sites. It requires a complete do over and that requires money that does not exist. The current site was done with old software and maintained by a volunteer. You get what you pay for.
The Tech Committee is working on a Warrant to obtain these funds and funds to overhaul the town's IT infrastructure, which at the moment is a complete mess.
However, you do not need a web site to know, BOS meeting every Monday night, 7:00. That is no secret."
Nice of you to pick one thing I said and attack.
I do know about the monday meetings, I work eevenings.
I read the technology report and the website was not one of the big priorities of that committee.
I did my homework and know what is involved.
I do know that it's easy to be putting info there, even now and no one is doing it.
We don't need a new website to do this now.
We don't need the volunteer person to put it up.
It's better than nothing, which is what we have now.
The tech committee doesn't actually DO anything, they just recommend.
Too bad there wasn't someone doing something this past year so we wouldn't be having this side discussion.
According to the tech committee's report, the website is listed as a HIGH priority. It's up on the website so you can look for yourself. If it's not one of their priorities, then why are they working on it? Don Roberts runs the current site so anything that goes up on it has to be done by him.
If it's such a HIGH priority, then what have they been doing for a year?
Nothing has been done on this and now they have a warrant article. Woopie. Unless it passes, nothing WILL get done on it. If it does pass, it will take months for this to actually happen.
But oh, they have been busy writing reports.
Maybe you should ask them. They wrote an assessment for the town. That would be the first step. Since you're anxious to know what is going on, why don't you contact the chair of the tech committee. I just checked and he's in the book.
I already raised my concerns because I do know what's going on. Nothing. But thank you for the unproductive barbs.
So if you know everything already, what's your complaint? You seem to be contradicting yourself. The town officials are working for the town, including the tech committee. If you want to know something, what better method than getting it straight from the proverbial horses mouth. Try it. You just may learn something.
Anon @ December 16, 2009 3:43 PM is one of those who knows absolutely nothing, but instead decides to find fault with anyone associated with the town. This person claims to know what is going on, but has already been proven wrong (web not a priority for the technology committee). This person's method of getting "involved" is to post unfounded complaints anonymously on a blog. Bravo. I'm sure your "unproductive barbs" will change the world.
Nope. You're wrong.
I'm involved in the town and know what's going on.
Let me explain what I said again and try to listen this time.
It's been a year and nothing has actually happened except report writing.
Name one thing they (Tech Comm)actually did.
One, any one thing.
See?
If you watched the meeting tonight you would know. But since you've already proven you don't know what is going on, let me fill you in. The tech committee brought on a new IT support vendor who is going to do a number of items on their list including server consolidation. He also mentioned that they're working on a new website and a three year IT budget was produced. There are also warrant articles that they've presented. See?
The town has a new IT support company. Selectmen approved it unanimously. You can't get to the hiring point until the town publishes an RFP and reviews all the responses and picks one. It looks like somebody's been doing something whether or not the credit goes to the selectmen or the technology committee or both it looks like theres progress.
To Anon December 21, 2009 5:06 PM
Gee for a big shot insider it doesn't sound like you know what the hell you're talking about. Maybe you should watch the selectmen meetings.
It's amazing how quickly the one's who claim to be in the know are exposed for the frauds that they are. Fear not. I'm sure our "insider" will try twisting this yet again. People like that are never happy no matter what is done. This blog wouldn't exist if it wasn't for those types of individuals.
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