MeredithMay2017

Tilton selectmen sue their own zoning board

By GAIL OBER, LACONIA DAILY SUN

TILTON — Tilton is suing itself over the handling of a variance for a repair shop.

The Board Selectmen filed a petition in the Belknap County Superior Court to overturn a decision made by the Zoning Board of Adjustments to allow by variance an automotive repair shop along Laconia Road.

Selectmen say the ZBA didn't deliberate or make any findings regarding the five separate criteria required by state law to give Jeremy Perkins a variance, according to its minutes of June 21.

Attorney Paul Fitzgerald said there is "nothing in the motion ... that reflects a discussion of public interest, the spirit of the ordinance, substantial justice or impact on values."

Rather, he said the discussion centered on the hardship clause and he claims the minutes reflect that the ZBA "itself struggled to supply a basis for the hardship" rather than have the applicant make his own hardship argument, which is what the selectboard said should have happened.

The suit says that, according to the minutes, one ZBA member stated it was hard to come up with a hardship and if the applicant had been the actual property owner, "There would be no hardship of any kind."

Selectmen contend that a hardship cannot be ownership alone but must be directly related to the "unique attributes" of the property itself.

Fitzgerald said having two automotive repair companies nearby doesn't constitute a hardship for a new applicant.

He notes the two existing shops were "grandfathered," as they were permitted before the town ordinance changed to disallow that activity in that zone.

He said the hardship that the ZBA created on its own was that the location of the building is such that it is not easily visible from the road, not something that could be attributable to the property itself.

Selectmen say there are other allowable commercial business existing in that zone, which indicates the property can be used for other enterprises.

The pleading also notes that at some point the minutes of the June 16 ZBA meeting were altered or amended, as is reflected in the minutes of the Aug. 16 ZBA minutes. Selectmen say the alterations were an "obvious attempt to bolster the record in the matter in support of an unsustainable grant of a variance."

Selectmen contend that even with the alterations, the variance is still not supported by law.

The town's ZBA has not responding to the pleading.

 

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New Hampton woman attacks her mother

By GAIL OBER, LACONIA DAILY SUN

LACONIA — A 27-year-old New Hampton woman is being held on $25,000 cash or corporate surety bail after allegedly attempting to kill her mother by pulling a zippered sweatshirt around her neck and putting her hand over the woman's mouth Wednesday.

Jessica Cooper, of 60 NH Route 132 N, also allegedly assaulted and resisted the New Hampton police officer while he was trying to arrest her.

Affidavits from police say New Hampton officer were called to the home around 10:30 p.m. by the victim, who had gotten to her car. Police said she had a large laceration on her neck.

When the officer, who was later joined by an Ashland officer and an off-duty New Hampton sergeant, tried to arrest Cooper, she allegedly started yelling swearing, kicking and spitting at him.

The Ashland officer assisted in getting one hand in handcuffs but she allegedly swung her arm around and cut the New Hampton officer's finger with the handcuffs.

After being placed in the cruiser, she alleged spat at the officer but missed and hit the door. Police said she threw up in the cruiser while being transported to the Belknap County Jail.

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Northfield man injured in motorcycle crash on Elm St.

LACONIA — A Northfield man who crashed his motorcycle on Elm Street just before 3 a.m. Thursday was taken to Lakes Region General Hospital for what police said may be serious injuries.

Police said they are investigating the crash and ask that anyone with any information to call the Laconia Police at 524-5252 or 524-1717.

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