State rep.: Property regulations violate my constitutional rights

BELMONT — State Rep. Michael Sylvia has refused to talk publicly about his legal troubles with the town that is taking him to court for not complying with building and occupancy permits. But letters he has written to a town official and the town’s attorney make clear the lawmaker believes what he does on his property is his business and not the town’s.

The town of Belmont has filed a civil suit in Belknap Superior Court, alleging that Sylvia lives in a camper van recreation vehicle and in a converted garage on his property at 216 Farrarville Road. The town alleges Sylvia’s occupancy of the RV and garage violate town regulations. In addition, the town questions whether there is a working septic system on the property.

Sylvia, a Republican who is running for re-election, declined to speak to a reporter when contacted by phone Wednesday and again when visited at his residence Thursday.

But in letters Sylvia wrote to Belmont Code Enforcement Officer Steve Paquin and town attorney Laura Spector-Morgan, he argues that the guarantees of liberty enshrined in the Declaration of Independence and the U.S. and New Hampshire constitutions overrule any government regulations dealing with private property. Further, he says the town’s efforts to get him to comply with the regulations amounts to harassment, and he insists his property poses no risk to the public.

“While you may expect compliance as a result of intimidation from most, I will not submit to bullying,” Sylvia stated in a letter he sent to Paquin on April 25. “I … hope to continue my rightful use of my property without further molestation.”

In a letter to Spector-Morgan dated May 15, Sylvia said the illegal activity being alleged by the town amounts to “pure speculation and irrelevant factoids.” Moreover, he wrote that if there was any illegal activity on his property, then Belmont police would have come, equipped with a warrant, to see whether there was any evidence to support the charges.

Paquin said Sylvia has been living in the garage and the RV since he bought the property in 2011. A manufactured home was located on the property until 2009, when it burned, he said.

The town has so far failed to get Sylvia to agree to allow for an inspection of his property, agree to a plan to take whatever corrective action may be necessary, apply for permits, pay any necessary fees, schedule building inspections, and obtain an occupancy permit.

Paquin said Sylvia has prohibited him from checking out the garage or a shed — the only two permanent structures on the property. “He won’t allow me to set foot on his property,” he said.

A hearing on the matter is scheduled for next Wednesday in Belknap Superior Court. At that time the town is expected to ask the judge to bar Sylvia from living in either the RV or the garage.

In another part his letter to Spector-Morgan, Sylvia wrote, “I … assert that my liberty to use my property should be protected by the Town of Belmont. My use of my property is in no way harming any other inhabitant and as such my use of my property is within the Constitution of New Hampshire. I suggested that you waste no more of my time, your time, and Belmont taxpayers’ money. My time is valuable. Should you continue to waste it, I will be billing at $1,000 per hour.”

Michael Mortensen can be reached by email at Mike@laconiadailysun.com