Shibley upset with fellow selectmen on Bahr case

A member of the Board of Selectmen says he is opposed to his board’s efforts to have reversed a ruling by the Zoning Board of Adjustment that would allow New Hampshire International Speedway owner Robert Bahre to build a 19,000-square-foot structure on his Lake Winnipesaukee property. The building would house a private collection of automobiles.

Pete Shibley is a local businessman who has long been active in community affairs. He served on the Selectboard in the past, and successfully ran for a seat again last year.

Shibley refused to sign the Selectboard’s formal “Motion to Reconsider” to the ZBA dated Sept. 28. “I didn’t feel that the board should intervene with the ZBA,” he said on Friday. “There was another case where the ZBA made a decision I didn’t like and I had to mind my own business. Now (the other Selectboard members) are doing this. It’s not right, so I didn’t sign it.”

Shibley also refused to sign a formal “Motion to Disqualify a ZBA Member” aimed at removing ZBA Vice Chairman Keith Chamberlain from the Bahre case. The motion charged that Chamberlain had inappropriate contact with other ZBA members before the hearing. It was signed by the other four selectboard members and was dated Nov. 3, the same day the ZBA was scheduled to hear the Selectboard’s appeal.

After some discussion, the ZBA members turned down the “Motion to Disqualify” and allowed Chamberlain to participate.

After some discussion, the ZBA agreed to the Selectboard's request to consider a part of the Bahr case. They will again discuss Bahr's plans for putting up his new structure in a “shorefront residential district.” But they refused to reconsider another part of the selectmen’s motion, which related to the height of the proposed structure exceeding restrictions.

Other members of the selectboard have refused to comment on the Bahre case, noting that it could eventually become part of a legal case involving the town and the ZBA.

The Selectboard allowed Town Attorney Jim Sessler to step aside from the case and has hired its own lawyer. It has also approved the hiring of an attorney for the ZBA.

Selectman Shibley says Bahre should not be penalized for asking for — and getting — an exemption to the town’s building regulations.

“The usual thing is if you want to build something in town and it’s not according to the zoning regulations allowed, you got to the ZBA,” he said. “The building inspector says I can’t give you a building permit because of the height of the structure in a lakeshore residential district so go to the ZBA. So that’s what he (Bahre) did. He went to the ZBA, they looked at the whole situation and gave him a variance. I don’t know what the zoning regulations read but they have some pretty specific criteria he has to meet and they said he met the criteria.”

Shibley said the proposed Bahre wooden building would be “ beautiful,” and that it would not be visible from the water. “It’s right next to his house and he has to drive by it everyday.”

Shibley also noted that the zoning regulations allow for some “recreational use” of the land in the waterfront district, so it’s hard to see how the ZBA could turn down Bahr’s request for a variance. “You can have recreational use, but just because it’s cars you don’t allow it? What if the other guy’s recreational use is boat launching? That’s his hobby. I don’ t know how the ordinance is written but if the ZBA felt it was allowable, they should allow it.”

At last week’s meeting, the ZBA members indicated that they intend to uphold their original decision to allow the Bahr’s building permit but said they would rehear the case to clarify their reasoning on the case. The hearing is scheduled to take place Thursday night at Town Hall.