Sylvia wants case dismissed; town says, not so fast

LACONIA — State Rep. Michael Sylvia, who is under a court order not to reside in a converted garage and recreational vehicle in Belmont, is asking the court to dismiss the case because he has moved to a new residence.

But the town has asked the Belknap Superior Court not to dismiss the case without first issuing a court order prohibiting Sylvia from re-occupying his property at 216 Farrarville Road until he obtains the necessary town building and occupancy permits. The town is also asking the court to order Sylvia to pay penalties for noncompliance, which so far exceed $125,000.

The town took Sylvia to court alleging that the three-term Republican legislator has been living for seven years in a camper van-type recreational vehicle for which he has no appropriate town permit, and in a converted garage for which he has obtained no building permit to make the alterations. The town also said there is no record of a working septic system on the property.

In his motion to dismiss the case Sylvia said that he has “acquired a residence” at 312 Daniel Webster Highway (Route 3), #14, in Belmont.

The town’s lawyer, in a countermotion filed with the court Monday, characterized Sylvia’s assertion that he has moved as “questionable,” particularly since he continues to use the Farrarville Road property as his mailing address.

“The town objects to dismissal of the complaint without the issuance of an order from the court prohibiting (the) defendant from reoccupying the property at 216 Farrarville Road in any manner unless and until he obtains the required permits for the RV or the conversion of the garage or the creation of some other living space, as well as for the septic system,” attorney Laura Spector-Morgan said in the town’s motion.

She further asked the court to order Sylvia to reimburse the town for its legal expenses related to the case “as well as an award of civil penalties in the amount of $275 per day for every day since Aug. 16, 2017, that the violations continued to exist (approximately $125,125).”