Grand Jury Indictments - May 2015

BELKNAP COUNTY SUPEROR COURT INDICTMENTS MAY 2015

Henry Stanley, 21, of Lowell, Mass., was indicted for bail jumping for failing to appear for a dispositional hearing in the Belknap County Superior Court.

Mark Camire, 36, of Franklin was indicted for two counts of sales of methamphetamine and one count of possession of methamphetamine in a case investigation by the Tilton Police.

Brian Norris, 30, of Laconia was indicted for two counts of forgery of a government instrument, check, etc. in a case investigated by Laconia Police.

Holden Smrekar, 28, of Gilford was indicted for one count of possession of methamphetamine.

Daniel King, 54, of Country Drive was indicted for one count of assault by prisoner in a case investigated by the Belknap County Sheriffs Department.

Michael Davidson, 29, of Gilford was indicted for possession of crack cocaine in a case investigated by Tilton Police.

Ryan Labree, 25, of Gilford was indicted for 13 counts of forgery in a case investigated by Gilford Police.

Joseph Lagasse, 30, of Laconia was indicted for theft by unauthorized taking in a case investigated by Tilton Police.

John E. Spurling, 62, of Campton was indicted for one count of felony reckless conduct, one count of second-degree assault, and one count of duty (to move to the left) when approaching a highway emergency after allegedly striking a N.H. State Trooper who was working a detail in New Hampton.

Thomas T. Chambers, 26, of Belmont was indicted for possession of methamphetamine in an investigation conducted by Tilton Police.

Haigan Doubleday, 27, of Tilton was indicted for possession of methamphetamine in a investigation conducted by Tilton.

Howard Towne, 59, of Alton was indicted for two counts of domestic violence criminal threatening, one count of domestic violence second-degree assault, one count of domestic violence reckless conduct, three counts of domestic violence simple assault, and one count of domestic violence obstructing the reporting of a crime in a case investigated by Alton Police.

Gregory S. Donrovich, 26, of Laconia was indicted for one count of domestic violence second-degree assault and one count of domestic violence simple assault in a case investigated by Laconia Police.

Ramon Rosaria, 35, of New Jersey was indicted for possession of MDMA in as case investigated by N.H. State Police.

Alexis Morin, 21, of Laconia was indicted for three counts of forgery in an investigation by Laconia Police.

Charlotte Gonsalves, 24, of Exeter was indicted for one count of possession or narcotics after an investigation by Laconia Police.

Andrew Chamberlain, 30, of Belmont was indicted for one count of domestic violence second-degree assault, and three counts of domestic violence simple assault after an investigation by Belmont Police.

JJ C. Woodbury, 25, of Gilmanton was indicted for possession of methamphetamine following an investigation in Belmont.

Douglas Hewitt, 25, of Gilford, was indicted for second degree assault after an investigation in Laconia.

Zachary Brown, 31, of Laconia was indicted for burglary in a case investigated by Laconia Police.

Gary Bardsley, 51, of Sanbornton was indicted for deceptive forestry business practices in a incident that occurred in New Hampton.

Nichole Brackett, 27, of Laconia was indicted for driving in Laconia after being deemed a habitual offender.

Mark Monsante, 46, of Franklin was indicted for two counts of attempted theft after being convicted before for theft in Tilton.

Laurie Webb, 48, of Barnstead was indicted for theft by unauthorized taking from LRGHealthcare while in Laconia.

Justin Franquie, 23, of Laconia was indicted for one count of second degree assault, one count of domestic violence second degree assault, and one count of witness tampering.

Craig Beaudoin, 39, of Laconia was indicted for one count of credit card fraud.

George Nesbitt, 48, of Holderness was indicted for driving in Laconia after being deemed an habitual offender.

Joshua Burley, 24, of Laconia was indicted for conspiracy to commit forgery after an investigation by Laconia Police.

Scott Batchelder, 32, of Meredith was indicted for two counts of felony criminal threatening with a deadly weapon, one count of being a felon in possession of a deadly weapon, and four counts of witness tampering.

Travis Vachon, of Laconia was indicted for possession of "Slakka" or synthetic hallucinogen after an investigation by Tilton Police.

Ryan Labree, 25, of Gilford was indicted for one count of receiving stolen property after an investigation by Tilton Police.

Henry Lamontagne, 44, of Laconia was indicted for possession of methamphetamine with the intent to distribute it and one count of sale of methamphetamine, after an investigation by Tilton Police.
Amanda Titus, 29, of Franklin was indicted for possession of one count of heroin.

Drew Parenteau, 32, of Franklin was indicted for one count of possession of methamphetamine after a Tilton Police investigation.

Patrick McDonald, 22, of Belmont was indicted with one count of possession tramadol with the intend to distribute and one count of possession of tramadol after an investigation by Tilton Police.

City closing in on final resolution to clean-up of old 'burn dump' near ice arena

LACONIA — After purchasing three of the properties atop an abandoned, backfilled "burn" dump off Frank Bean Road and Morin Road, the city has asked the New Hampshire Department of Environmental Services (DES) to approve a revised — and less expensive — plan for addressing lingering contamination at the site.

The dump, which operated in the 1940s and 1950s, is part of a site that sprawls over some 75 acres on either side of Frank Bean Road, which also includes an abandoned landfill owned by the city. The burn dump itself extends over the four lots, totaling about 3.5 acres. The city has acquired three abutting lots on the west side of Frank Bean Road, but the owner of the fourth lot, bordered by Frank Bean Road to the west and Morin Road to the east, has declined an offer of purchase.

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.

Instead, the city proposes razing the buildings on the three properties it purchased by June 1, clearing and grubbing approximately 87,000-square-feet and capping 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.

DES has yet to approve the city's revised proposal, but City Manager Scott Myers said that he expects the agency's approval will be forthcoming in time to undertake the work and complete the project this summer. He said that use of the property acquired by the city would be restricted to "surface uses" like storing materials or parking vehicles.

Heritage Commission continues to push for demolition delay ordinance with stronger teeth

LACONIA — The Heritage Commission will stand pat in support of its recommended changes to the city's building demolition ordinance when it returns to the Zoning Board of Adjustment (ZBA) in June to seek its endorsement in anticipation of gaining final approval from the City Council in July.

Commission members have decried the razing of several structures in recent years, most notably the so-called Hathaway House on upper Union Ave.

The commission first presented its proposal to the ZBA in April and according to the minutes of the meeting the board endorsed the recommended charges by a unanimous vote and scheduled a public hearing on the matter. At the public hearing earlier this month, no member of the public spoke, but members of the ZBA — who approved the changes a month earlier — raised a number of issues and asked the commission to address them.

Pam Clark, who has chaired the Heritage Commission since it was established nine years ago, described the ordinance this week as a "demolition delay" ordinance, adding that it is modeled on similar regulations in other municipalities both in New Hampshire and other states. The ordinance, originally enacted in 2005, is intended to protect and preserve historic buildings slated for demolition by providing time to explore alternatives and, if demolition proceeds, to document the structure and preserve any salvageable remains.

The amendment, which has been more than a year in the drafting, would apply the ordinance to a greater number of properties and provide more time to explore alternatives to demolition. The ordinance applies to "significant buildings", which are defined by four criteria. A significant building must possess features and qualities that would qualify it as "a historical, cultural or architectural landmark" by national or state standards. Buildings constructed to an uncommon design or with unusual materials that could only be reproduced with great difficulty and at great expense would also qualify. Finally, buildings of such architectural value or historic importance that their demolition would adversely impact the public interest, the preservation of which would contribute to protecting and preserving a place or area of historic interest, would qualify as significant. While the original ordinance applied only to buildings 75 years old and older, the amendment would reduce the threshold to 50 years.

The remainder of the ordinance prescribed the process triggered when an application is made to demolish a building. First, the Code Enforcement Officer shall determine if the building qualifies as "significant." If it qualifies, the applicant must be informed within five business days that the application for a demolition permit must be reviewed by the Heritage Commission at its next regularly scheduled meeting before the building can be razed..

If the commission determines the building to be demolished is not significant, the applicant shall be informed and the demolition may proceed. On the other hand, if the commission determines the building is "significant." it shall schedule a public hearing at its next monthly meeting, of which the applicant will be informed within two business days. In addition the date, time and place of the hearing will be noticed by signage on the building and in the local newspaper.

If an alternative to demolition cannot be agreed at the public hearing, the commission and applicant shall meet with 10 days. If still no agreement about the future of the building can be reached, the commission may petition the City Council to defer issuance of the demolition permit for another 180 days to allow time to pursue alternatives, including acquisition or relocation of the building. When all options have been exhausted, the owner of the property may proceed with demolition. With the consent of the owner the commission shall photograph the building and encourage salvage of its significant features.

Steve Bogert, who chairs the ZBA, asked if the commission had an inventory of "significant" buildings and, learning that it did not, expressed concern that property owners would only discover their buildings were subject to the ordinance when they applied to raze them. He suggested that "significant" buildings should be identified, inventories and designated, perhaps on the tax card, so that prospective buyers would know they were encumbered by the ordinance before acquiring them. Other members of the ZBA asked if property owners whose buildings were designated "significant" could appeal the determination or "opt out".

Clark said the commission has engaged a student intern, Greg Jacobs, who recently earned his Master's degree in historic preservation at the University of Vermont, to conduct a survey of properties in downtown, Lakeport and The Weirs during the summer. However, she said the surveys will not generate lists or inventories of "significant" properties. The commission, she stressed, has no resources to compile an inventory like Bogert envisioned.

Since there is no list or inventory, Clark said that the notion of providing a process for appealing or opting out is irrelevant. "We're not trying take away anyone's property rights," she insisted.

Planning Director Shanna Saunders emphasized that the ordinance is not contingent on the surveys. "If and when a list is completed," she said, "it would have nothing to do with the ordinance, which simply delays the demolition process." She likened the historic qualities of building to other features of property, like wetlands and setbacks, which are not inventoried or designated.

Some members of the ZBA questioned delaying demolition for 180 days. Clark noted that the commission can only request the City Council to defer demolition, adding that the property owner would be entitled to challenge the request. But, she said that extended period of time was necessary to enable the commission to make plans and raise funds to spare a valuable building from demolition.

Clark referred to the purpose of the ordinance, which is to forestall demolition of historic buildings "when possible and practical." The preamble reads "demolition of a historic building that has most of its original design and features should only by an action of last resort." The ordinance, she said, is "to ensure that a thoughtful process is followed before there is an irreversible loss to the community."

The ZBA will consider the changes proposed to the ordinance when its meets on Monday, June 15.