Atkinson Town Hall

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Welcome Message and Mission Statement

Welcome to the NEW Atkinson Reporter! Under new management, with new resolve.

The purpose of this Blog is to pick up where the Atkinson Reporter has left off. "The King is dead, Long live the King!" This Blog is a forum for the discussion of predominantly Atkinson; Officials, People, Ideas, and Events. You may give opinion, fact, or evaluation, but ad hominem personal attacks will not be tolerated, or published. The conversation begun on the Atkinson Reporter MUST be continued!

This Blog will not fall to outside hacks from anyone, especially insecure public officials afraid of their constituents criticism.

Thursday, October 15, 2009

Atkinson couple fights town, neighbors Accused of violating zoning, shoreland rules

From the Eagle Tribune;

Atkinson couple fights town, neighbors Accused of violating zoning, shoreland rules
By Eric Parry
eparry@eagletribune.com

ATKINSON — A couple ordered to stop construction at their Valcat Lane home for violating an agreement with the town has asked the zoning board to delay action on a request to save their bunkhouse.

Margaret and Daniel Osborn, whose Big Island Pond home has been at the center of controversy, requested late yesterday afternoon that the Zoning Board of Adjustment waits until its November meeting to hear their case. No reason was given.

The board had been scheduled to review the matter last night but it was postponed until next month. The couple, who said their home has been vandalized and they were harassed by other residents, was ordered to stop work because they broke an agreement with the selectmen.

The state Department of Environmental Services also has been asked to investigate possible shoreland protection violations on the property.

Selectman Bill Friel said the Osborns told his board they wouldn't do any work without permission from the town.

"They just didn't do it," Friel said.

Last year, the zoning board ruled that the bunkhouse was in violation and needed to be torn down.

Two weeks ago, resident Leon Artus told the selectmen at their meeting that the quality of life on Valcat Lane had been destroyed by the Osborns and residents couldn't access their own property.

Yesterday, Maggie Osborn said in an interview that her family had been harassed by other town residents and the home was recently vandalized.

She did not indicate they would ask to delay the case.

After receiving a cease-and-desist order late last week, Osborn denied they constructed anything without the town's permission. Osborn said she was even given a driveway permit by Road Agent Ted Stewart.

"I feel totally let down by the selectmen's office," said Osborn, a former member of the zoning board.

The state Department of Environmental Services has confirmed it received complaints of alleged shoreland protection violations on the Osborns' property.

DES spokesman Jim Martin said the complaints were recent and he wasn't aware of the specific violations but his department would investigate them.

Tim Dziechowski, chairman of the town's Conservation Commission, has said the alleged violations include removal of too many trees, lack of erosion control during construction, and having docks without a valid permit.

Dziechowski said every time it rains, dirt will wash into Big Island Pond and wetlands that abut the property because there is no fencing or hay bales to prevent erosion.

Former Timberlane teacher indicted on more pornography charges

From the Eagle Tribune;

Former Timberlane teacher indicted on more pornography charges Child pornography allegedly found on his home computer
By Jarret Bencks
jbencks@eagletribune.com

BRENTWOOD — A middle-school gym teacher has been indicted on 10 new charges stemming from 10 computer files containing child pornography allegedly found on his home computer.

Scott Buatti, 43, of Newton was indicted on 10 counts of attempted possession of child pornography last week, according to court documents released this week.

Prosecutors allege Buatti possessed eight video files and two photo files of child pornography on his personal computer in January and February 2008. He was a Timberlane Regional Middle School gym teacher at the time the files were allegedly found.

Buatti was previously indicted on 10 counts of possession of child pornography pertaining to the same files. The new charges could serve as an insurance plan for the prosecution if the original charges don't stick.

Buatti's lawyer, Mark Sisti, attempted to have the original charges thrown out last week, arguing that the indictments do not allege the photographs and movies were of children.

Sisti wrote that the indictments did not describe the lewd acts the children are engaged in, and that authorities did not allow the defense to cross-examine the children in the photos.

Superior Court Judge Tina Nadeau ruled there was enough evidence for a jury to decide.

The new charges do not require prosecutors to prove that the photos are of children, only that Buatti was attempting to possess pornographic images of children. Possession of child pornography and attempted possession of child pornography are both class B felonies.

The new indictments say the eight video files and two photo files included lewd photos of child female genitalia and children performing oral sex.

Buatti was first approached by federal agents on Feb. 25, 2008, as part of a two-year probe by U.S. Immigrations and Customs Enforcement. Buatti was allegedly among 5,000 domestic subscribers to child pornography sites that ICE agents tracked down throughout the country.

He was first pinpointed as a subscriber through his e-mail account and computer IP address, which is registered under his name and home address of 4 Wilders Road in Newton, according to a report from ICE.

Buatti had been a gym teacher at Timberlane Regional Middle School for 19 years, and also coached a girls AAU basketball team. He was put on administrative leave shortly after he was first indicted.

It is not clear whether Buatti is still on the district's payroll. Superintendent Richard LaSalle couldn't be reached yesterday afternoon. A call to middle-school Principal Michael Hogan was referred to LaSalle. Buatti is no longer listed as a teacher on the school Web site's roster of teachers.

His trial is scheduled to begin in February.

Wednesday, October 14, 2009

Atkinson's new administrator plans to stick around

ARTICLE SUBMISSION
From the Eagle Tribune;

Atkinson's new administrator plans to stick around
By Eric Parry
eparry@eagletribune.com

ATKINSON — After a few years of constant turnover, Atkinson may have found its long-term solution for town administrator.

Philip Smith Jr., who was hired for the job last month, said he has no plans to leave town anytime soon.

"Everything you can want in a job is here," Smith said.

After 25 years as a police officer, Smith, 45, said he's still learning the ropes after less than a month in the post.

Prior to being hired in Atkinson, Smith was the police chief in Alton, another small New Hampshire community in the Lakes Region.

Every day's schedule is different, Smith said, and, at the end of the day, he's guaranteed to fall asleep faster than he ever expected.

As a police chief, Smith managed about 15 officers. Atkinson employs 140 people, but only 13 of them have full-time jobs.

"It's a small town. Why is there so much to do?" Smith said.

Part of the reason Smith has a full schedule every day is because the town was without an administrator for eight months before he was hired.

Prior to hiring Smith, Atkinson went through two administrators in a year. The last long-term administrator was Russ McAllister, who worked for the town from 2004 to 2008.

While the town conducted yet another search for an administrator, administrative assistant Barbara Snicer took over many of the administrator's responsibilities. To reward her, the selectmen unanimously agreed to give her a $5,000 bonus last week.

"I can't imagine how she did it all herself," Smith said.

Snicer represents all the people Smith has met in town so far, he said, hardworking and always willing to help him learn his way around town.

"Everyone tries to make this town better," he said.

His desk is right next to the door to the selectmen's office, where any resident can pop their head in to say hello or voice a concern.

That's been one of the best things about the job so far, Smith said, who believes one of his strengths is working with people.

No matter what the problem, Smith said, he will listen and find an answer as best he can.

"They're going to get a pretty good response," he said.

He also said he's not afraid former administrators were forced out of town. One key to working in a small town is working with a competent Board of Selectmen, Smith said.

"I get along very well with all of them," he said of the three-man board.

After two years of driving more than an hour to work — longer during snowstorms, Smith said he's happy his new job is only four miles from his Salem home.

The extra time allows him to spend more time with his family and to attend his children's sporting events and activities.

"It's time to take care of team one," he said.

Atkinson event targeted cancer

From the Eagle Tribune;

Atkinson event targeted cancer

ATKINSON — On Oct. 3, Vanessa Underwood of Underwood's Sports and Fitness held the third annual Livestrong event at the Community Center.

This day is the Lance Armstrong Foundation's global initiative to make cancer a national priority. The day was a big success, according to Underwood.

It was a day to advocate, educate and celebrate. Everyone from age 9 to 90 warmed up with a zumba dance. Fundraising raffles were available and everyone enjoyed the luncheon.

There also was an optional Boot Camp circuit to "boot cancer."

Guests were able to write heartfelt messages or honor family and friends touched by cancer on fabric squares which will become the 2010 Livestrong quilt.

Many people volunteered to share their personal stories of how cancer has in some way touched their lives on camera. These stories will be part of a future video. This was a time for sharing one's journey, offering hope, advice, support and wisdom to all those affected by cancer.

Reiki therapy and blood pressure screenings were available.

The event ended with a circle of blessings.

Thursday, October 8, 2009

Atkinson BOS consider a re-write of the Osborn deed covenant

From the Eagle Tribune;

Atkinson officials study private/public road issue
By Eric Parry
eparry@eagletribune.com

ATKINSON — Selectmen plan to consult with their attorney to determine whether they own a road that has been torn up so a resident could build a driveway for a Big Island Pond home.

Resident Leon Artus complained to the selectmen Monday night that Daniel and Margaret Osborn have destroyed Valcat Lane by building a driveway to their lakeside property.

Artus wants the selectmen to order the Osborns to stop working and repair the road so area residents can access their property.

"I'm just asking them to take control of Valcat," Artus said.

But whether Valcat Lane is actually a Class 6 and whether the selectmen have the authority to shut down the construction is not clear.

Under state law, Class 6 roads are public roads, but are not maintained by municipalities. Private citizens have to be given permission to maintain the roads and to build homes on them.

Conservation Commission Chairman Tim Dziechowski told selectmen he believes the road is private and not under their control.

Artus argued that the Osborns' deed, which is signed by two selectmen, states the road is a Class 6 public road.

The deed also states the Osborns are responsible for maintenance of the road and the town has no responsibilities when it comes to snow removal or maintenance.

But Dziechowski said the deed's language is irrelevant when classifying the road.

The road has never been on any official map, nor accepted by voters at a Town Meeting, Dziechowski said.

"It has never been deeded to the town," he said.

The roadwork is just the start to the problems on Valcat Lane.

Dziechowski said there are a number of shoreland protection violations, including the removal of too many trees, lack of erosion control and having docks without a valid permit.

Jim Martin, spokesman for the state Department of Environmental Services, said the state received complaints of alleged shoreland protection violations, but he was not able to elaborate on the status of any investigation yesterday.

Dziechowski said every time it rains, dirt will wash into Big Island Pond and wetlands that abut the property because there is no silt fencing or hay bales.

"We were sold a bill of goods on how environmentally friendly this was going to be and it wasn't built that way," he said.

Dziechowski said the town agent gave the Osborns a permit to build a driveway because they told the town the property was their land when, in fact, it wasn't.

"It was the wrong thing to do, to allow the driveway," he said.

Selectman Bill Bennett said after being presented both sides of the issue Monday night, the board plans to consult with its attorney, Sumner Kalman, to determine who owns the road.

Tuesday, October 6, 2009

Will the Selectmen act to preserve Town Assets?

Although the selectmen's meeting last night began at 7:00pm, it was not televised until 7:45pm.

What happened is that the selectmen asked conservation commission chair Tim Dzerchowski(tim, we hope we spelled that right?) to come in to speak to the legality of Valcat ln. as a town rd. This blog can think of no reason that the conservation commission would be asked an opinion on roads, but that is another issue. Tim gave a great discussion about the Shoreline Protection Act, and how Mrs. Osborn's construction on the lake has apparently violated it. He discussed the apparent violations of various EPA and NHDES regulations regarding storm water runoff, and proximity of construction to wetlands.

After Tim left, the meeting began to be televised, and Mr. Artus came in to make a presentation about the situation on Valcat ln. While Mr. Bennet maintained that he had spoken with town counsel that day until 4:30pm and that town counsel was still convinced that Valcat ln. was a private way, Mr. Artus showed him and the board a Deed Covenant signed by the board of selectmen and the Osborns last year which was made as a condition of issuing a building permit to the Osborns, which stated clearly that the Town recognized it's responsibility in maintaining Valcat ln. as a public right of way, and that the Osborn's would be liable for a damage to it, and prohibited form any restriction of the public's right to access those lots further along Valcat. This convenant was drafted BY TOWN COUNSEL IN MAY 2008! Yet he obviously couldn't remember it yesterday.

The conservation commission was having their meeting simultaneously in which the chairman reportedly informed the commission of his intent to file a complaint with NHDES for the environmental violations on that project.

Mr. Friel was visibly upset when Mr. Artus' production of that covenant, signed by him and Mr. Sullivan, pursuant to a unanimous vote of the board on May 19, 2008 to do so, apparently jogged his memory on the subject. The covenant required the Osorn's to obtain all permits necessary to their construction, they have apparently missed a few; to not damage valcat, or restrict the public right to pass, they clearly have violated that one. Not to mention the unpermitted constructions and modifications of the shoreline.

The selectmen agreed to review Mr. Artus packet of information, which included a memo from the NH Bar Association, with all the relevant RSA's noted about the dedication and acceptance of roads, the deed covenant, the deeds in question, and the relevant case law. Mrs. Killam of the Planning Board, stepped up to explain that she had done some research on this matter as well, and researched the deeds and law back to 1917, and was basically in concurance with Mr. Artus about the town's responsibilities towards valcat ln. as a class VI road in Atkinson. She pleaded with the board to consider carefully their course of action, as the planning board has for years tried to establish rules and procedures for dealing with class VI roads in town, and to turn a blind eye to the current mess would negate years of work in this same field all over town. And what of the other residents in town who have played by the rules, built homes, followed the rules for permitting, sprinklered their homes, to allow this house to be built and occupied waiving all of those policies, means that those policies can not exist for anyone else either.

Sunday, October 4, 2009

Atkinson selectmen hope to cut spending further

From the Eagle Tribune;

Atkinson selectmen hope to cut spending further
By Eric Parry
eparry@eagletribune.com

ATKINSON — Selectmen are looking to trim spending by 5 percent for the remainder of the fiscal year to help ease next year's budget.

Selectmen called for a 2 percent spending cut in the town's $4.1 million operating budget two weeks ago. No department heads complained, so the board decided to go a bit further Tuesday night, according to Selectman Bill Friel.

Over the next two weeks, Friel said, the selectmen will meet with department heads to see how much they can save.

If each department saved 5 percent, it would amount to about $205,000.

Selectman Bill Bennett said it's tough to predict revenue for the end of the year, but he knows some areas will likely come in lower than expected.

Car registrations is one area with revenue coming in at less than expected because people are registering more used vehicles than new ones.

The town is still collecting property taxes without a problem, but Bennett said he knows there are some people in town who are hurting financially this year.

"I know there are some foreclosures and some people who have lost their jobs," he said.

The money saved over the next three months will go to lower next year's tax rate, which the selectmen said would likely increase.

This year's tax rate is $14.86 per $1,000 of valuation. The town's portion is $2.15.