Osborns file countersuit against Town of Atkinson for failure to give them an Occupancy Permit!
Talk about Stones!!
Recently available Court documents reveal the Osborns claims of unfair treatment. The Osborns CLAIM that they have met all the Town's requests with the exception of removing the boathouse(which they claim the ZBA never made a decision about) and installing sprinklers(which they claim the fire chief told them that if they laid a driveway across Carol Davis' property, they could forego the sprinklers).
They claim that the driveway has been built, and meets safety standards, even though it is currently over 10% grade, and too steep to get a fire truck up, and they have failed to provide the town with engineered plans for anything.
They claim to have provided engineered plans for the driveway, the destruction of the boathouse, and the fire suppression system, but the town has never received any of this. HELL the town doesn't even have the plans that the house was built from!
The osborns submitted plans to obtain their building permit, then had an architect redesign the house to add square footage, without notifying the town, or resubmitting new plans!
It is also highly likely that the driveway across Mrs. Davis' land will be Oredered by the Court to be demolished. thereby adding another violation to thier construction project.
It also appears the town is not enforcing the bond requirement, or the payment of thousands of dollars in fines owed by the Osborns to the town. The Osbonrs appealed these findings to the Court only to be denied, leaving the Town with the legal right to collect this money, which the selectmen apparently feel apprehensive to do.
We will keep you informed of any new developments.
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42 comments:
treated unfairly ... i really feel bad that they feel this way but the only one that was treated unfairly was mrs.davis having her land torn up without her permission having some woman sign as owner of her property just so maggie could have things her way i just can't believe that it got this far i can't understand how someone can be so disrespectful of someone elses property it's sickning!
If the road is allowed the Osborns should take the 10% grade down . Of course they'll have to bring in a bull doa front end loader to say the least. The width of the roadway would have to be slanted enough to place huge boulders or other type of retaining materials to hold back the dirt. If that's not done they could have an avalanche onto their new road that would effect the patience and well being of the neighbors . But I do wonder if they will have enough money left to start and finish this described project . This being after all the expense they incurred due to their own stupidity and selfish actions.
how do you effect the patience of someone because of an avalanche? are there drugs in the water over there?
Wow, went looking for the Osborn countersuit against the Town and found it online at:
http://www.atkinsontaxpayers.org/pdf/Defendant%27s_Failed_Motion_Decisions_CounterSuit.pdf
After reading it, I can't believe the lies they are proporting or what they are asking the judge for. The Selectmen must be laughing their you know what off after reading this trash.
The Osborns are going to eat their own words when the backlash comes back and hits them in the face.
Can hardly wait to see how the Selectmen respond to thier foolishness.
jmho
Osborn claims in their counter suit to the Town that the previous cottage had limited access from the existing Class V road...however, the Osborns were able to use that existing road for the entire building of their new home.
The alleged conservations between Maggie & Fire Chief were all verbal...where is the written documentation. The Fire Chief has all other correspondence to the Osborns in writing. A case of he said she said.
Hello Maggie, a new access road across someone else property. You would never allow that to happen to you.
The Osborns obtained their "necessary permits from the town for the access road" by signing off as the owner of the property. They may has stolen the property, but have never owned it, or the right to use it.
Promulgated: hope you paid Bernie enough for the use of this word. Actually the grade for the town is 10%, not 13%.
Of course the Osborns what to have this case heard quickly. They want this before the matter of Davis vs Osborn is concluded. Because then they will have been told to return the access road they illegally built to be returned to their natural state, thus necessitating the originally agreed upon sprinkler system.
I still do not understand how anyone could act so criminally against their neighbors.
Chief Murphy sent MAggie a lettr stating that the grade had to be 8%, but that he would probably go for10% if they could reach it, and the truck could make it.
Thats why Maggie cut Valcat lane down 9 feet. to lower the grade. Thats why the town gave her the cease and desist order. No permit to excavate.
Original Building Permit application, Osborns agree to:
1. Tear down boathouse
2.Sprinkle house
3. Have access to a class V road
4. Build the house they submitted plans for.
5. Get all permits and inspections
They have violated ALL of these conditions!
You have to understand the psychological aspect.
Let's start with the fundamental. When you are committed....that you are always right and everyone else is wrong, then even a judges order is invalid.
That's how people end up in trouble. Always insisting they are right and refusing to get off it and admit they are wrong. The bully syndrome has this personality flaw as a main component as well.
Secondly is the selfish concept of privledge. God did not make all equal. There is a qualifiable distinction between the beautiful and "little people". When carried to an extreme this can result in disregard for the rights of others.
Thirdly is the greed personality disorder. But as most of the population has this disorder their is a new concept under development...
The generosity disorder! To be kind and giving and do for others is now a personality disorder. Unless, of couse your pretend generosity is really covering greed on the one hand and addiction to controlling others.
The Atkinson Elderly/Affairs conglomeration is an example of the latter. Corruption hissing like a sake hissing in the bushes of false pretense. I mean using town services for private use. That's garden snake mentality. The psychological designation? A legal designation is more appropriate.
I could profer more observations But for now, this is not the best use of my time or others.
Professor- Abnormal Psychology
Maggie, just pull down the Davis home when she is gone to work and build a level driveway to the grade of Chase Road. Go girl. Take it. Take it all.
So, why don't our gutless wimpy selectmen collect on the bond posted by the Osborns?
They are a joke. They try to get out of enforcing articles passed by town meeting and now don't have the backbone to act on the defaulted bond.
TA,
How about calling their failures to their attention.
because they have yet to demand that the bond be posted! They are letting Maggie slide on that one too!
apparently you are missing something. all of you. what the court granted was a preliminary injunction; the court battle hasn't even been started yet. It will be months before the backed-up courts will hear arguments, let alone issue a decision. The town can't issue fines; the court authorizes that, and the court hasn't even looked at it yet. for pete's sake, look at the law and speak with knowledge. you act like a bunch of dumb lemmings. ooh ooh, another way to attack the town. it gets very tiresome. get a spine and do something meaningful for a change.
What are you talking about? The Court ordered the Osborns to either vacate the house or install sprinklers within 30 days.
The Osborns appealed the decision, asking for a stay, effectively, and when they did, they were stupid enough to also ask for a stay of the bond requirement and fines, neither of which were mentioned by the judge in his order. The Judge DENIED their petition.
Get that? She denied the request for a stay, the request not to have to post a bond, and the levying of fines. Now the Town has the right to continue assessing fines fo illegal occupancy, and to legally request the posting of the bond to cover them.
This was all LONG before the Osborns filed their new "counter- claim".
By the way, how do you file a counter claim AFTER a decision has been rendered?
I used to be a regular visitor and contributor here. However, it has gotten so bad that maybe, just maybe, I check in once a week to see what the lunatic fringe are griping about now.
Little has changed in the last year. The chief is evil, the BOS incompetent, and Maggie is the devil incarnate, yada, yada, yada.
If any of you are under the delusion that anything said here has any impact at all, on anything, all I can say is, get a hobby.
I'm going back to mine and will check in next week. It is always good for a laugh, though a short one.
You are right, little has changed. Until it does, keep the pressure on, keep discussing, keep exposing them.
Yeah, all this exposure of the town puts pressure on town thugs to change their ways. They can't hide and they can't run. Freedom of the press, freedom of thought, threatens dictators and it is hard to line your pockets with cash with people watching. Poor you.
How sad. Haha
If this blog were fair, honest and civil--I would agree--but it is not.
To say that "the ends justify any means" is just a cover for hollow, repetitious, and infantile sniping by people that do not have anything better to do, and who would not "take the high road" even if they could realize that more people would listen to them.
Yes, it is sad...
Frank. Write your own blog. We don't need you.
Not Frank. He doesn't need you, and neither do I, or anyone else.
I am new here so please tell me what you mean by the articles not being honest? I know some of the comments get out of hand, but they do on the Eagle Trib comment section too, as far as I see it, the blog is only responsible for the article they post, the comments belong to the commenter. I do like the fact that when things get too out of hand, or comments seem to be wanton personal attacks, they remove them, so please explain.
"Poor you"
Give it a rest Leon. We know its you every time these two words are used.
No, poor you. You are in denial. You say "Yeah, all this exposure of the town puts pressure on town thugs to change their ways. They can't hide and they can't run."
Please, give us some examples where in the last two years this blog has had any effect on anything.
Put pressure on town thugs, my ass. Please enlighten us. How has the behavior any town official changed because of this "exposure"?
Discuss all you want. But it's all talk, nothing more, nothing less.
They have to try harder to hide from the public eye.
Oh wow, this is great. I slam the Atkinson town thugs and some other guy gets picked on--- for doing it. This is great fun. Ha ha
Town thugs. Every town has got em and Atkinson town thugs are no smarter than Danville's.
What I like about your town is the thugs are so thin skinned. Poking you is more fun than anything.
Poor you. Ha ha
And where has the slamming the town thugs accomplished anything? Nada, zilch, absolutely nowhere. Believe me, no one is shaking in their boots in fear of this blog.
But I'll be fair. I'll retract that statement if one solid, undeniable instance can be shown that this blog has had any effect, on anything, in the last year. What action would not have taken place if it weren't for the blog?
Frank. Write your own blog.
Polito wouldn't have been sued and made to step down as moderator.
Now retract.
jmho
To Anon May 25, 2010 1:36 PM
If you have to ask that question, then you belong on the Kiddie Blog. Go see if you are smarter than a fifth grader. My quess is you are not.
motyanstafg
Just as a matter of fact; Frank did not get sued over his posts here, Lucent was threatened with the possibility of legal action by me, with a demand to preserve documentation. That demand apparently resulted in Lucent impounding Franks company laptop, and verbally reprimanding him for his bone headed actions.
Now I don't conclusively know if he was the one who made those nasty, venal, accusatory posts, but the results speak volumes.
Sorry Frank.
To Anon May 25, 2010 1:36 PM
If you have to ask that question, then you belong on the Kiddie Blog. Go see if you are smarter than a fifth grader. My guess is you are not.
jmhotyanstafg
New topic discussion please...beat this dead horse into glue and got all the blood out of the stone you could...to quote one of the intellectual giants that posts here, "yawn".
Unlike newspapers that publish an article then never do the follow up, this subject will not be concluded until ALL legal issues are resolved in the courts, the Osborns come into compliance and the public has been made aware of the results.
That's one advantage of this blog.
jmho
"If you have to ask that question, then you belong on the Kiddie Blog. Go see if you are smarter than a fifth grader. My guess is you are not."
A witty retort but does not answer the question. The question has been asked. Remarks like yours suggest you don't have an answer. Is this best you have?
And as Mark said, in essence, Frank dug his own grave. The blog did not do it.
RE: May 25, 2010 11:27 PM: Are you scared the truth will come out? Face it, this blog has all the effectiveness of wet paper bag.
It was answered, but you decided to ignore it. Just another reason why you belong on the Kiddie Blog. Then again, you just proved you are not as smart as a fifth grader, so there is no blog left for you to go to. Perhaps you should plead with you kids to help you with your homework. sigh
jmhotyanasaafg
"Polito wouldn't have been sued and made to step down as moderator."
This blog most certainly did not play any part in this. Yes, there was lots and lots of discussion, but he wasn't coming here for advice. The blog did not make him quit. His own actions were sufficient enough.
And if you do believe it did, I suggest you join my friend, jmhotyanasaafg, for pizza after he finishes his homework.
Oh, the Blog got Mr. Polito all right, just Goggle FRANK POLITO and see what comes up. Better yet, go to:
http://atkinsonreporter2.blogspot.com/2010/01/yes-its-true-frank-polito-has-resigned.html (for those that have reading comprehension problems like Anon May 26, 2010 4:27 PM)
The blog exposed FRANK POLITO'S stupidity and emotions that brought the "Past" Town Moderator to his knees. His NAPOLEON attitude toward the taxpayers of Atkinson and this blog proved that he was nothing more than a NINCOMPOOP. Frank became to self absorbed in his OWN SELF-IMPORTANCE and the sound of his own voice, to do the work of the people. Like Napoleon, he’s GONE! Good ridden to a ONCE good guy that went BAD. Stupid is what stupid does.
jmhoofp
Now retract like you promised to do Mr. Anon May 25, 2010 1:36 PM or is your word no good too.
"May 27, 2010 6:54 AM"
You just don't get, or don't want to. The blog did absolutely nothing to facilitate Frank's resignation. Reporting it is much different than causing it.
Sure, there was lots of talk, and Google picks up everything like a vacuum cleaner, but to believe discussions here had any effect is pure fantasy on your part.
And, lets take this a step further. Has the blog caused the Osborn's to behave any differently? How about the Chief? The BOS? I don't think so.
This is a place for talking heads, and that is all it is good for, talk. To believe otherwise demonstrates a break from reality.
Sorry to burst your bubble but the blog played no role in Frank's resignation. Sure, the blog offer a lot of talk, but that is all it was, talk.
It was not the blog that caused him to do his stupid act at the deliberative session and it exposed nothing that was not already public record. And what was said about him may all be true, but it changed nothing.
I'm looking for cause and effect. The Lt. story about his getting fired would have made a good example of the blog exposing something. Too bad the moderator had to retract all of it.
Has the blog changed the chief's behavior? No. Is he afraid of the blog? Definitely not.
Has the blog influenced the BOS? Hardly.
Other than a lot of bitching, nothing has been accomplished here to make Atkinson better. For the blog to be useful, it has to have an impact. We haven't seen that since the sign fiasco.
So, sorry, no retraction. Frank brought on his own troubles. And, his involvement with the blog was limited to Atkinson Reporter 1. 2's only contribution is reprints of LT articles and the occasional rant. A lot of anonymous complaining does not equal a public service.
Agree!
Yawn,
Frank need a vacation? Have you considered Louisiana? Hear the beaches are wide open. The air is somethin else. . . And no blog to stalk day in, day out.
ARTICLE SUBMISSION PLEASE:
On this Memorial Day, when we have young men and women from our town standing in harm's way in Iraq and Afghanistan, and still more serving around the world, I would like to take a moment of reflection out of our beach and bar-b-que times to remember and honor those who have ensured that we have this time.
A military member is someone who at one time in their life wrote a check to the rest of us; men, women, children, democrat and republican alike, liberal and conservative, black and white, rich and poor, to stand up and do for us what we can not do for ourselves. They wrote a check that stated; "I will pay any amount up to and including my own life to protect and defend the rights and freedoms of the people of the United States of America."
Memorial day was originally May 30th and it was called decoration day. That was the day set aside to place wreaths, flowers, flags, and other decorations on the graves of our fallen heroes. Some 40 or so years ago, a compliant Congress at the behest of a strong labor union lobby moved it to the "Monday following the last weekend in May" to effect a long weekend that signaled the start of summer. In that move the meaning of Memorial day has been obscured.
I hope that we all take a moment out of our day, today, to stop and think of those men and women who are serving currently, and those who have made the ultimate gift to the rest of us.
To the Soldiers, Sailors, Airmen, and most of all Marines, I want to take a moment to say, Thank you.
Mark R. Acciard
"Yawn" When I see this I know I'm getting my point across. If you can't offer anything intelligent then dismiss the discussion with "Yawn". Sorry we're keeping you awake.
Then again, if this discussion is too cerebral for you perhaps you would enjoy Louisiana's beaches.
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