Sale of private beach property, goat zoning still unresolved by city council

LACONIA — The Gleason family's goats and the sale of a beach, two issues drawing public attention, remain unresolved after the city council’s Monday meeting.

The sale of a small, private beach on Paugus Bay from the city to the residents who have deeded beach rights was tabled, after the council told factions of those residents to negotiate further and find compromise suitable for a majority.

The council did not create an exception in the ordinance for the Gleason family’s pet goats, but did not come down against them either. The council approved a zoning amendment regarding home gardens; language that would have allowed two goats or sheep to be kept in residential areas previously was stricken from that amendment in committee. The council decided, with some hesitancy and disagreement, to continue exploring a potential solution for the Gleason family.

The bulk of Monday’s meeting was occupied by a public hearing regarding the city’s proposed sale of a “unique property” at 20 Indian Path near Pickerel Cove on Paugus Bay. According to a city report, the property is “a deeded community beach lot for residents of Harglen Lane, Hillcroft Road, Bobby’s Way and limited properties on Hilliard Road” that was acquired by the city through tax deeding in 1994.

The city is seeking — and has been for about a year now — to sell the beach property to the residents with deeded access rights for $1.

Recognizing that the interests of all parties did not align, City Manager Scott Myers said the city encouraged those with beach rights to form a beach association.

“We felt that was a way all folks could be represented,” Myers said in an interview. A new, beach-specific association could include residents of Bobby’s Way, who are not members of an existing homeowners association in the area.

Of the 51 residents with beach rights, 24 have formed a new association — the Paugus Bay Beach Association — to whom sale of the property is proposed.

At the council’s public hearing on the proposal, property owners were divided on whether the property should be sold to PBBA.

According to attorney Ethan Wood, who spoke on behalf of PBBA to the council, the association would collect dues for the purpose of improving and maintaining the beach, but would not restrict beach access of any property owner choosing not to join.

While the association would not restrict any nonmembers with existing deeded beach access, those that use the beach could be forced in court to help pay for beach improvements undertaken by the association. This, Wood said, is why there is a benefit to joining: providing a formal group where owners could express their wishes would ensure they got a say as well as reduce the likelihood of any litigation.

Those against the sale to PBBA, largely residents of Bobby’s Way, felt that the association — with or without them — intended to move forward with development on the beach that they were not comfortable with, such as a day dock, maintenance shed, bathhouse or other structures.

PBBA members asserted that they created the association as a means for those with beach rights to organize: they said they welcomed all residents to join and have a say in beach updates. 

Allison Genetelli of Hillcroft, an association member, said PBBA members were doing what they thought the city had advised them to do to facilitate the sale. 

“We were asked as a community to come together and form some kind of communication around this property,” Genetelli said. She said PBBA has tried to keep an open and supportive dialogue with all residents and that, ultimately, having an entity that owns the beach will help to ensure pride in its condition and respect for abutters’ property.

“I know Bobby’s Way feels like they are outgunned,” said Sean Cox of Hillcroft Road, a PBBA member. “We’re not conniving, we’re not making all kinds of plans ... [We discussed] things we might do: so maybe a day dock, maybe a kayak rack... it’s not set in stone.” 

“When we heard [Bobby’s Way] had strong feelings, great. Those are things we can talk about,” Cox said. “Let’s get people in. Let’s get all these opinions. Let’s take a lot of points of view and discuss it: the association is the format to do that.”

Many of the Bobby’s Way residents didn’t perceive PBBA to be so cooperative. 

Bill McGrath of Bobby’s Way said he and his neighbors felt, if the sale were approved, they’d be “damned” whether they joined PBBA or not. 

“If we don’t join, we don’t have a say in what happens [to the beach] and will have to accept its outcome,” McGrath said. “If we join, and we learn our views are in the minority, then we are paying [for] a vision of the beach that we don’t support. If we don’t join, the association is planning to charge non-members for maintenance fees, so again, we’re paying for something we don’t agree with.” 

Mayor Andrew Hosmer said the city has limited interest in keeping the property, nor showing favor between the factions. The negotiations between those factions appeared unresolved, and the council voted to table the sale rather than choose a side while potential compromises lay unexplored. The matter will be decided with finality, councilors agreed, in October.

The Gleason family will not have to get rid of their goats — for now.

Councilors voted to confirm an agriculture zoning amendment about home gardens. It originally included language that would have allowed two goats to be kept in residential areas, but that language was cut when the amendment was sent to a council committee. The council voted in favor of the gardening amendment rather than send it back to committee, but did so with the intention of exploring a different route to relief for the Gleasons.

Some councilors expressed hope of finding a solution with the zoning board, where the matter was first considered, rather than in a change to citywide policy. That is not possible, according to Myers. The 30-day deadline for a zoning appeal has passed. The Gleasons cannot take the same variance application back to the ZBA just because the vote might come out differently.

The council, therefore, will have to be the decision maker. It’s possible a new ordinance amendment — one that is more narrow than the language regarding sheep and goats struck from Monday’s agriculture amendment — could be written.

The council also approved a six-month, part-time contract for Myers to stay on as a consultant to his successor as city manager, Kirk Beattie, who assumes the role at the end of this month.