Pete and Lynn Burr

To the editor:

Folks, what can we do here? Well, let’s debunk the “Stamps Act” and try the simple truth. Won’t that be a novel approach?

Mr. David Stamps has plodded his way into Cheapo Depot’s fight for property owner’s rights with a most prodigious article emoting mostly about the history of the Winnipesaukee River and the history of the Downtown River District. In this article Mr. Stamps tries to make a not so subtle attempt to scuttle Cheapo

Depots rights by filling his article with misinformation, misunderstanding, half-truths and, most vexingly, by twisting our words. Using this decidedly questionable methodology, Mr. Stamps ultimately violates our legally franchised rights in our consummate difference of beliefs with the Laconia Zoning Board of Adjustment in its interpretation and method of applying the simplex method that deals with use of property variances. He put the ugliest, negative spin on our efforts to be treated reasonably and justly that he could conjure. Seems to me these know-it-alls favor conjecture and supposition as opposed to the truth.

Mr. Stamps’ article can be found in the February 23rd edition of The Laconia Daily Sun and the February 24th edition of The Laconia Citizen. His lead line in this article is and I quote; “A recent letter and now a petition from Cheapo Depot on their ‘right’ to do anything they want to on their lakefront property got me thinking about the history of the (Winnipesaukee) River and how zoning evolved.” First of all, at no time have we suggested in any way that we should be free to do whatever we want to. Mr. Stamps’ careful wording put a very negative twist on our simple desire to use the property at 343 Court Street, with its oversized parking lot, for a much needed, peaceful, and reasonable way that of renting trucks. The DRD zoning allows for a fleet of taxis. Truly, justly, and reasonably can a fleet of well maintained trucks, whose sighting is mostly blocked from public view by trees and a building, be that much different? It should be noted that the city originally required these trees to be planted! In truth, there is no tangible difference save in the mind of Planning Director, Ms. Shanna Saunders who feels that trucks are an eyesore. Well Ms. Saunders put truthfully everything in your life, save the air you breathe, to sustain your very existence comes to you by trucks. When are you planning to condemn utility poles? They are a necessary eyesore too! Mr. Stamps, my wife and I will never stop believing in the Constitution’s promise and guarantee of “peaceful, reasonable use of private property.” When necessary every American should rigorously and endlessly attempt to defend same.

Secondly, Mr. Stamps refers incorrectly to and I quote “their lakefront property.” Cheapo Depot does not own the lakefront property, nor does it want to. The State of New Hampshire owns the lakefront behind Cheapo Depot period! Mr. Stamps, I feel that you owe Cheapo Depot an apology for twisting our words (see our petition for verification) and misrepresenting our property ownership (see town plot plans for verification) to the Laconia citizenry. A person of your obvious high education and position of high esteem should know better than to misquote or misrepresent facts in reporting on any subjects. It’s a simple matter of creditability.

Mr. Stamps does give us an interesting and informative history lesson about the Winnipesaukee River and the DRD zoning ordinance. However Mr. Stamps does say that he wrote and I quote “this history to remind Laconians that the zoning board was not acting in arbitrary or capricious manner.” I used both of these words in my “Thank you letter” and once again Mr. Stamps is misconstruing or misunderstanding the use of the two words in question. The Downtown River District by specific definition starts at its source, Lake Opechee and ends at its mouth emptying into Lake Winnisquam. I do and will always believe that the Planning/Zoning Boards were very arbitrary and/ or capricious in gerrymandering their very restrictive DRD zoning boundary to the Court Street area without prior notification to the Court Street abutters. By its very definition who would know that 343 Court Street on the entrance to the city would lose its commercial rating (which we paid dear money for), to a zoning change that was established between two lakes on a river? I guarantee that had I known this action resulting in an ordinance was taking place, correctly called “eminent domain by zoning regulations,” I would have fought such a change vigorously in court. Perhaps the Board’s are afraid of a “level playing field fight.” Mr. Stamps, if the city of Laconia, truly wanted to preserve/provide lakefronts and lake views to its citizens city officials had the same opportunity to bid on our property as Bonnette, Page and Stone did when it was offered up at auction 1989. It seems Cheapo Depot is being penalized for lack of foresight on city officials’ part.

Secondly, what other words could one use to describe the Zoning Board’s decision that taxis are okay and trucks are not except arbitrary and/or capricious in their unreasonable denial. They also demonstrated same by supporting their denial with a litany of so-called concerns. These concerns really boil down to conjecture and suppositions none of which can be ground in fact or truth. Gentlemen, you do yourself a great disservice. Being a quasi-legal court capable of imposing great harm and exacting draconian fines, you should realize that conjectures and suppositions are not admissible evidence in any court. As Joe Friday says in Dragnet, “Just the facts, ma’am.” Mr. Stamps, the use of the words “arbitrary” and “capricious” in my letter were not meant to condemn the DRD ordinance or castigate all of the zoning boards efforts to serve this city. I was using them to accurately describe Cheapo Depot’s treatment in this specific case and by the specific board and its Director.

The article then goes on to point out that the DRD ordinance was put into force by the City Council not as Mr. Stamps says: “Some unelected people.” Strange choice of words; I have always thought of them as unelected officials. Here, Mr. Stamps engages in a half-truth. Having been on the Planning Board, Mr. Stamps knows how very heavily the City Council relies on it boards recommendations? I do have to wonder how many times the City Council has challenged or even probed a board’s recommendations? I do have an honest guess …… very few times at best, and Mr. Stamps knows it.

Mr. Stamps then goes on to contradict himself in the next paragraph by stating and I quote, “Zoning should always reflect the consensus of the community” and a few sentences later proclaims and I quote “the worse thing that could happen is for the Council to react to press or petition and make arbitrary changes that don’t thoroughly consider the ramifications of change.” Mr. Stamps that’s a mouthful, but once again you are misleading the public in two ways, and you know it. Mr. Stamps is trying to give the City Council authority it does not have. He knows that once appointed by Council the members of the Zoning Board of Adjustment are autonomous entities over which the City Council has little control because of a state law.

Secondly, Mr. Stamps apparently has very little knowledge of what I consider to be a reasonably important document…..namely our Constitution! This document (and I hope it counts for something) guarantees the “Freedom of the Press” and guarantees its citizens the “Right to Petition.” Mr. Stamps I ask you, what better way, this side of a vote, do you know of to gain a truly representative consensus of the will of the people? The “Declaration of Independence” was a form of petition; a listing of grievances, signed by people of good report and delivered to an autonomous King George (well, at least he thought he was autonomous.) He never considered “consent of the governed” an issue.

In parting, I have an invitation for you. I talked with Mr. Mike Matthewman, who is the superintendent of The Laconia Water Works, and he assured me that although the Winnipesaukee River has come light years from where it was is in fact not potable. I would like to invite you to the location of your choice on the river so that you can demonstrate your veracity and fidelity you hold for your statement “the quality and smell improved to the point where the river was swimmable and potable again.” This demonstration would consist of you jumping in the river for a nice swim and at the same time I will pass you a nice 20 oz. crystal water goblet (my grandfather’s) so that you can take a nice big drink of “good ol’ Winni River.” Please allow me enough notice of this feat of bravery (?) so that I may list the time and location in the local papers. Just think how much money the city could make bottling and selling it! Finally, tax relief!

Mr. Stamps, please do feel free to call me anytime at 528-3376 to set up your “dunking/drinking date” and to tender your apology. Oh, by the way, did you know we carry upscale clothing? We must be the upscale retailer you refer to in your article! Sir, I am at your service.

Pete and Lynn Burr

Cheapo Depot owners