Judge dismisses Laconia eviction case

LACONIA – Fourth Circuit Court Judge Jim Carroll dismissed an eviction notice case after ruling the landlord didn't provide proper notice to the tenant that the eviction process was continuing even after he paid a portion of the $167 back rent.

In his ruling, Carroll noted the landlord and the tenant had been having ongoing problems with bedbugs. The tenant testified that he and one of the landlord's agents agreed that the landlord would pay for two rounds of laundry at a cost of $81.

The tenant testified he paid a second agent of the landlord $89.50 in cash but was under the impression the payment stopped the eviction process while the landlord was under a different impression and wanted the balance.

At the hearing, the landlord presented documentation from a professional pest service confirming there were no bedbugs in the apartment leaving only the matter of the remaining laundry money dispute.

Carroll ruled that because the landlord has multiple agents, one of them was obligated to tell the tenant that the eviction procedure was continuing and that he still owed $81. Since no one did, the case was dismissed.

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Clean up at Frank Bean Road to begin this fall

LACONIA — City Manager Scott Myers said yesterday that he expects to solicit bids for excavating, removing and capping contaminated soils at an abandoned burn dump on Frank Bean Road and perhaps begin work at the site before winter.

The dump, which operated in the 1940s and 1950s, is part of a site that sprawls across some 75 acres on either side of Frank Bean Road, which also includes disused landfill owned by the city. The burn dump extends over four lots, three of which have been purchased by the city, and stretches along Frank Bean Road for about 1,000 feet and is estimated to contain about 110, 000 cubic yards of "burn dump material," including metals, volatile organic compounds and polycyclic aromatics hydrocarbons. However, samples of private wells serving the four lots indicate no adverse impacts to the quality of drinking water.

Originally the city proposed treating each of the four properties differently, which required excavating, removing and disposing of a significant amount of contaminated material at an estimated cost of $1.38 million, excluding the cost of monitoring groundwater and maintaining pavement at the site for 15 years.

However, in June the New Hampshire Department of Environmental Services (DES) approved an alternative plan to raze the buildings on the three properties it purchased, clear and grub approximately 87,000-square-feet and cap the site with two feet of clean fill. At the fourth property the city will pave a parking lot and landscape a grassy lawn, which will require excavating about 1,500-cubic-yards of material that will be spread over the other three properties.
By minimizing grading and eliminating excavation and disposal, the cost of the revised plan is estimated at $610,000, excluding the more than $300,000 spent to purchase the three lots. The 2014-2015 city budget included a borrowing of $1.2 million to fund the project.
"We control the properties and the money is in place," Myers said. "We'll go out to bid and start moving soil this fall."

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Northfield investigating two overnight burglaries

NORTHFIELD — Police are investigating two separate burglaries both of which were reported to them early yesterday morning.

Chief Jon Raffaelly said at 5 a.m. a patrol officer on routine patrol drove behind the former Mulligan's Restaurant on Park Street and found a pickup loaded with copper piping. The two men who were allegedly stealing the pipes ran.

Raffaelly said police from Tilton, Sanbornton and two N.H. State Police Officers began assisting Northfield and one of the K-9s found Chad Elliott, 37, of Meredith hiding in some bushes not far from the building.

He said Elliott was charged with burglary, theft by unauthorized taking, criminal trespass, criminal mischief and breach of bail because he had been charged by Northfield Police two weeks earlier for driving while intoxicated and failed to appear in the 6th Circuit Court, Franklin Division for his hearing.

Elliott appeared yesterday in the 6th Circuit Court, Concord Division at 11 a.m. and was ordered held on $10,000 cash only.

Raffaelly said the truck belongs to Kurk Stutes, no age or address given, and has been impounded by the Northfield Police. Raffaelly said police would like to talk to him Stutes but said he is not charged with anything at this time.

A second burglary was also reported this morning on 2 Sandogardy Pond Road. Raffaelly said the home there was being renovated by a construction company and some time between 5:30 p.m. Monday and 8 a.m. yesterday most of the contractors equipment was stolen.

He said included in the theft was a compressor a table saw, ladders, and multiple hand tools including a Dewalt drill.

Anyone with information about either of these burglaries is asked to call the Northfield Police at 286-8982.

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