Once again, as has happened many times in the past, our town Select Board failed to take responsibility and to perform their duty as an elected board and act on a citizen complaint.
At last night's board meeting, the board addressed a citizen's complaint in regards to noise and what is believed to be illegal activity occurring on the grounds of the Toy Box Auto Body Repair Shop on Route #10. The owner of this business has constructed a recreational outdoor motor-cross track with jumps on this property which is attracting riders from not only Winchester and abutting Swanzey; but from as far away as Massachusetts and Vermont. The increased noise and traffic on the old rail bed has reached the point where neighbors to this shop are fed up and approached the board for some relief.
In the past, they were told by the Police Dept. that there was nothing they could do; because our old Noise Ordinance was written in such a way that it was unenforceable. However, our new ordinance is and the police and Fish and Game officers have responded to complaints several times and in fact several riders have been ticketed by the Fish and Game officer who responded and 4-wheelers were impounded for lack of registrations.
Mr. Towne, who brought this complaint to the board and Mr. Homan, who's property abuts The Toy Box business, gave testimony before the board to the fact that when the owner of this business approached the Planning and Zoning Boards with his application, there was no mention of constructing an outdoor recreational motor-cross track on the property, nor was there any evidence that there was one there previously as to be grandfathered into the application. The business application was for an Auto Body Repair and Paint Shop, no mention of servicing or selling 4-wheelers or motorcycles; nor was permission sought to construct this track.
According to Sherman Tedford, he stated he had "checked out the matter" and "in his opinion, there was nothing wrong with the owner and his family riding on this property," that the board had no authority to do anything and that if they, the abutters were concerned about the noise to call the police. When he was informed that officer LT. Roberts had responded to an earlier complaint and had stated that this was an illegal activity and to take the matter to the board, Tedford stated they had "no power of enforcement" and that "in his opinion the activity was not illegal." Mr. Homan responded that the business had no permit for this outdoor activity, had not had any public hearings in regards to constructing this track; nor had even out of courtesy approached the abutters before hand to discuss any concerns that they may have about the noise. Mr. Homan told the board that as an abutter he had attended the public hearings for this business application and that no mention of a track ever came up or was any permission given by the Planning Board to construct one in the future. That there had never been any notice or public hearings prior to this business owner building this outdoor track.
The activity starts on this track every evening around 5:00 - 6:00pm during the week and goes on until after dusk. On the weekends, it's an all day event, from 8:00am until well after dark, with as many as a dozen or more riders carrying on all day long. Mr. Towne and Mr. Homan complained that they have to shut windows and doors in order to get any relief from the noise inside their homes and that sitting outside on the weekends in their own backyards is unbearable, not only from the noise coming from the Toy Box property; but from riders riding at high speeds up and down the old rail bed and in Mr. Homan's case, right through the middle of his backyard.
When Selectman Tedford stated the board had no enforcement powers and to call the police if they believed the noise was too loud, Mr. Towne asked why they refused to act as a governing body of the town. That weren't they, the members of the Board of Selectmen, the Chief Elected Officials and Executive Officers of the Town and weren't they responsible for the enforcement of bylaws and regulation of public ways? Didn't they have the power to instruct the town's Code Enforcement Officer to issue a Cease and Desist Order until the complaint could be checked out fully to see if the Toy Box was in fact in non-compliance and operating illegally?
Mr. Tedford did not answer and it was at this point in the discussion that Selectman Gus Ruth attempted to make a motion to close the public hearing and that Mr. Towne injected a comment that this was typical of how the board conducts it's business and why matters end up in court. Gus Ruth then stated to Mr. Towne, "don't you already have a case against the town in court now? Mr. Towne responded yes; "but not by choice". Then Mr. Ruth responded, "then take us to court", to which Mr. Towne responded, "if that's what it takes to get you to do your duty. you leave me no choice". Then Mr Ruth attempted to end the public hearing stating" we can't discuss this any further as we are now in litigation". Mr. Homan responded to Mr. Ruth that his statement was unfounded as no lawsuit had even been filed yet; that all they wanted was the Select Board to act in accordance with the law and grant them some relief.
Needless to say, the board did nothing, proving once again how useless it is to attempt to approach these people to solve an issue. They continuously shirk their duties, act irresponsibly and pass the buck onto someone else. Just how fiscally responsible is it to waste tax payers money on lawsuits over issues that they could resolve without going to court by simply enforcing our town regulations and ordinances?
We wonder just how long it is going to take for the Police Dept. to get sick and tired of answering noise complaints from Mr. Towne and Mr. Homan and the rest of the neighborhood and if they will be required to file a lawsuit just to be able to enjoy their backyards this summer. So much for Gus's statement to bring your issues to the board, what a waste of time.
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33 comments:
We expected nothing less and wonder if this was more about the current litigation and their feelings towards us than in regards for what they could and could not do. To be fair, not all of the members of board entered into these discussions or acted in any manner as to be construed as biased against us. It was evident from the start that Mr. Tedford and Mr. Ruth had already made up their minds to do nothing.
What I don't understand is how they expect people to follow the laws of the town when they themselves don't. How legal is it for someone to construct something without taking the proper steps and obtaining the proper permits?
Isn't this spelled out in the Town's ordinances and regulations?
Why does this board continue to allow activities like this to go on in Winchester and why, when approached by citizens with a legitimate complaint, don't they act as the governing body in town?
If they are not going to perform their duties as they swore to do, then why did they run for the position in the first place? Don't they have an obligation to the citizens of Winchester to act in accordance with the law?
I too live in this area and am affected by these riders and this noise. Why wasn't there any public notice about this hearing in the paper or on the towns website? I would have gone to support my neighbor Homan if I had know. This is a big concern to all of us out here.
How funny to read this. Isn't this the same Gus Ruth who just a few short weeks ago made these statements in the newspaper?
"My heart is in Winchester, and my intention is to continue to work hard to assure that Winchester persists in moving forward, improving our image and making the town a pleasure to live in."
Just how pleasurable is it listening to the whine and mufferless noise of dirt bikes and four wheelers all day long as these people have to put up with?
and this comment.
"It’s the right place to ask about things you don’t understand, and to speak your mind about concerns you may have. It will give you a better understanding of the details of managing a town."
Looks like Mr Towne and Mr Homan now know first hand how their concerns are being dealt with concerns. They're being ignored.
Looks like we'll be paying for a Civil Action in the near future and I can't say I don't blame them.
What did you expect, i think they are probably friends of the Sharras.Racing buddies!
LOVE my town, FEAR the people in charge.
Since when do you need a permit to ride recreation vehicles on your own property? This does not exist. now riding on the rail bed unregistered or with noise higher than allowed is against rules or laws and it sound like as you stated fish and game are doing their job. But you believe that our selectman can tell people that they cant ride recreation vehicles on their own property?
I encourage everyone that owns a motercycle, ATV, or snowmobile to listen to this blog carefully including winchesters own trail riders. Mr Town and Mr Homan seem to believe that our selectman would be willing to tell people that they cannot ride ATV's on their own property?????
It really seems like you 2 have some serious issues with the town of Wichester and dont like living here, but instead of moving, you believe that by your actions and raising your neighbors tax rates that you may get the entire town to change to suite your personal views.
Think about this people
We had the opportunity to change this situation at the polls. We chose not to do this. Perhaps next year we will get off our butts and make the changes we need.
You can't blame Mr. Towne and Mr. Davis if they say "told you so".We had better cross our fingers that the gentlemen will continue to keep us informed of the shenanigans that go on in town.
Have a great day blog! If I remember correctly didn't Mr. Ruth say that the selectmen were "not going to be able to help us at all". Would someone please check that last paragraph for me I threw the paper out.
Thanks.
to becoming aware of certain people;
Either you can't read or you're so twisted in your own world that you missed the point. Neither Mr. Homan or myself have anything against anyone riding on their own property or designated areas. In fact we both own motorcycles and I ride when I'm physically able to do so. I don't begrudge anyone for owning a bike, a 4-wheeler or a snowmobile. What I do find fault with is someone's behavior being a downright nuisance or against the law. The problem is the number of riders using this tract of land daily and weekly and the noise coming from the site. Under the law, a nuisance is described as that which annoys or disturbs one in possession of his property, rendering it's ordinary use or occupation physically uncomfortable to him. The fact this business never applied for a hearing, nor was ever granted one, that the BOS was made aware of the issue and did nothing and that narrow minded folks like you think the answer to everything is move if you don't like it does bother me a great deal.
Here's a hypothetical question for you; what happens if and when someone gets seriously hurt out there riding on this track? Who's legally responsible? The business owner for building the track? The land owner for giving him permission to do so ? The town for giving him the ok without a public hearing/ Or the individual(s) involved for riding at their own risk? Ponder that question for awhile.
Seems to me the owners of the body shop enjoy racing and built a track on their own land to do so, and have friends come over to use it with them. If they are not charging admission or running it as a business i dont see how the town can get involved.
the noise issue can possibly be looked into and decibal readings taken but by who and who's expense, Taxpayers? The lawsuites you 2 have created because you dont want condos next to you is allready costing your taxpaying neighbors enough! now you want to get sue happy again over peoples private property and raise your neighbors tax rate some more!!!!! when are you gentlemen going to go live deep in the woods somewhere to have your peacefull and relaxing yards instead of on a busy highway that is going to be developed one way or another no matter how much money you cost our community? you dont live on a mountain top or peacefull country setting you live on a major highway, It is what it is.
Excuse me poster at 4:52. I have a concern about your posting. First, I do not live any where near the auto body shop. Now, that I have said that we are all entitled in this town to certain rights. One of those rights is to be able to enjoy our property. I do believe that the gentlemen and their neighbors should be able to enjoy their own yards. I am certain that if there was a continual 24 hour noisy party around your house you would complain.
There is such a thing as decency, courtsey and respect for your neighbors. It would be wonderful if some of the citizens in this town would practice those traits.
Having said that, it is one of the duties of the selectmen to make certain that the police enforce all of the ordinances in town. Obviously, we have a "blue line" here that chooses not to make the police perform their duties.
Thanks blog!
There's a couple of things that need to be corrected here, like Keith Johnson, the person in question does not own the property. Keith has an agreement with the owner of the property to use the land.
Keith also works at the body shop for the property owner. Keith Johnson told me he doesn't want any problems with the neighbors and respects the town rules. Keith wanted to go and apologize to the neighbors and work something out, but it's gone too far now thanks to Gus. So Keith Johnson is not the problem here !! Then who is ? The problem with this situation is the frig'in town hall and Leroy Austin. Yes, our Code Enforcement officer, Leroy Austin has sent an official letter from the Code Enforcer's office to Keith, giving Keith permission to operate this track as long as he complies with the noise ordinance and the levels are under 95dbs. Now Keith is off the hook, thanks to Leroy and now the town is squarely at fault and is libel for Leroy's actions, acting in an official town capacity; but under whose authority we ask? So Keith now feels he has every right to do what he's doing seeing as how he has the blessing of the town and an official town letter saying so. Leroy knows the town does not have any such language in any ordinance or regulation to justify what he has done and that this is a clear violation of town land use laws. Keith now has a sort of "get out of jail free card" now, thanks to the actions of our code enforcement officer, Leroy Austin, our Board of Selectmen and you, the citizen's of Winchester. You stupid people voted these people into office, so now we all live with the consequences of your actions. No one has the right to violate the quality of your life and the enjoyment of your property, especially as a result of knowingly violating town ordinances, regulations and by-laws without so much as a public hearing.
Why Leroy Austin sent Keith this letter is anyone's guess, it was wrong and the Selectmen should have done something about it. Instead they chose to belittle Mr. Towne and Mr. Homan and ignore their complaint. Is it any wonder they are mad? How many times do these two gentlemen have to put up with being ignored and ostracized for seeking what's right? They are no different than you or I, they have rights too and have the right to seek justice and relief when these rights are violated, just like you and I would. Stop blaming them for the actions of our elected and appointed officials.
con't below..
So, for Keith Johnson, he gets to skate by, with no fear of any consequences or any concerns about having to comply with the town's rules and regulations, or having to go before the Planning or Zoning boards to have a hearing, or having to worry about notifying abutters of his intentions. He didn't have to worry about having a noise impact study unless a judge now orders one. Everyone can thank Gus Ruth, Sherman Tedford and Leroy Austin for this mess, they're wrong and have once again over stepped their authority or failed to act responsibly. How many of you know that a few years ago, the Selectmen reprimanded Leroy for sending a letter from his office allowing the Winchester Speed Park to expand their racing schedule without going back to the Planning Board as required? I have a copy of this letter for anyone who'd like to read it and perhaps will give to to a judge when and if the time comes, I'd bet he'd love to read it too. I feel it's time to take the town to task for their actions and as one of 150 signed petitioners of the Winchester Noise Coalition I am outraged at the way the Board of Selectmen have handled this matter. Gus said "go ahead and sue", well I might just do that Gus and start a legal action on behalf of Mr. Towne and Mr. Homan and the Noise Coalition. I'll bet the judge would love to hear you on tape telling Mr. Towne to go ahead and sue, I mean it's only the tax payer's money, right Gus? Once again the Select Board has failed it's citizens. I have been waiting for a test case to do something about the noise that I and my neighbors have been forced to put up with and I think this is the one .. It is about time someone stood up to these 3 stooges at town hall.
Sounds like a school yard temper tantrum! You go Gus! Hit'em back and kick him down....
and you sound like the Village Idiot for your lame comments and support of someone so obviously two-faced to say one thing and do another.
The BLUE WALL was there too - to witness it all! Chief Phillips, the new female police officer, Sherman & Sepe. No one said a word....Were they stunned in silence? Circling around?
Gus is just a school yard bully!
I hope that you all watched Channel 9 news tonight. Seems as though the govenor followed through with his plans and started to lay off state workers. It looks as though funding to the towns will be next.
Food for thought. I wonder how this will affect the selectman's budget for the rest of this year. Will some of our employees work shorter weeks?
Article in tonight's paper stated Concord will be cutting back aid to town and cities and money promised won't be coming. Also said school aid will be cut too, especially for special ed. Seeing as how all the sheep and cattle got lead to the bs trough and voted for all that spending I hope they have deep enough pockets to survive their ill advised choices when that money they were told was coming doesn't show up and their tax bills climb out of sight. You know damn right well the fools we have running this town aren't going to do any cutting of spending or personnel, they'll watch the town die first.
It would irresponsible and reprehensible if the town (Selectmen, Administrators, Finance, School Board) do not tighten their belts and cut THEIR spending in light of State and Federal cuts coming down the pike. We are all forewarned, and they are elected to serve the TOWN'S best interest. To ignore all the warnings would be negligent. It is time SOMEONE on the Board grew a backbone and learned how to say no....not now....let's wait....we can reevaluate the spending at a later date. What a great public relations move it would be to be a town showing fiscal responsibilty. I think more people might want to move here and I am sure there would be some positive news coverage. This could be a pivotal point for Winchester.
Hell, half of them work a shorter week now, we just pay them for full time. The deal is protect the employees at all costs, the hell with the taxpayers. You would think that on dump days that hwy would at least try to look busy. Its just part of the arrogance with our employee entitlement program. I see we are seeking bids for the new hwy truck, are we taking the lowest bid ,or the biggest kickback?
all i can say to everyone is i thought 136 main street in winchester was closed due to asbestos as i saw a sign in the window today but three times ive gone by and seen larry holmes taking things out of the building
whos in charge down there for this
Leroy our code non-enforcement officer would be the person to notify; fat lot of good that will do you though, he's a useless cog in the town hall wheel.
Wanna bet they get the truck right from the same place Dale got his last kickback and at nearly twice the price?
Annoy, you don't want us to believe our highway superintendent a trusted employee of our fine town would buy the town truck from Fairfield’s Motors in Keene just because he stated, he likes how they treat him, they treat him better. ref selectmen minutes; Maybe the tax payers could ask him what kind of "treats" he is receiving so we could all chip in and match the treats. Then in turn this employee could start working for us for once.
Every time he buys something we could match his treats. Does his statement imply he receives treats from all other venders?
What a novel idea. I assume this could work in all town depts. How about like when a developer wants to build a project that doesn’t comply with land use rules…Match the treats. Say… like when a friend of a selectmen invites a developer to buy a race track on town land in our aquifer or the planning board works to helps a developer build a condo project on the side of a mountain in the wet lands. TREATS??? There is talk around town about buying another fire truck, More TREATS????. Was someone treated when we paid about $40,000 to much for the shell of a build that should have cost $10,000 at the town beach? TREATS??????
I just read over the selectman's minutes of this meeting and their version of the discussion with Mr. Towne and Mr. Homan differs quite a bit. I know that the person who wrote up the official version has edited quite a bit of the conversation and left out most of the pertinent facts in an attempt to put the onus on Mr. Towne. This is why it is so fruitless to go before the selectmen or any other board in this town, they ignore you and do what they want. Here we have someone who is not the property owner constructing something that is quite a nuisance to his neighbors and yet our selectmen refuse to act despite knowing the facts to give these people some relief. You can bet your last dollar if this noise was bothering them something would get done and done fast. As much as they do not like Mr. Towne, they forget that they work for everyone in Winchester, including him and his neighbors and are required by law to act.
Someone also needs to tell Ms. Cole she needs to be accurate and unbiased when she makes official records for the town. I was at this meeting and can attest things were a lot different than reported.
I hope Mr. Towne and Mr. Homan and their neighbors due file a lawsuit and take the town to court I don't want to have to put up with what they are going through on a daily basis would you?
What a shameful bunch we have elected, I wish I could change my votes after reading this.
Concerned Resident
I can attest to the noise from the dirt bikes that are always going in the field at the Toy Box Shop. I do not mind seeing someone use there land for there personal use. The man who is allowing people to ride there is not the owner of the land. What would happen if I did this same thing on my land. Would the town allow me to with out saying anything.
I know of a person who had put a split rail fence up years ago and then the town tells them they will have to take it down unless they pay for a permit. Whats up with that. It is ok for one person to errect this dirt bike track but don't you dare put up something that will improve the looks of your home. If you have to have a permit for one don't you for the other?
not in this town. most times it all depends upon who you know at town hall. i would suspect this guy got the ok cause MS stepped in and okayed it with Leroy after all she is a big racing nut and if memory serves me she races her motorcycle sometimes.i feel for you guys having to listen to that crap i guess court will be your only option.
I heard the town is being sued again for the misconduct of one of our police officers. Anyone know the full story on this? Seems the whole incident has been hushed up by the selectmen and chief.
One of our town residents is going to the doctor to have a teaser probe removed. I think its the job of the police to make certain that the offender is probe free. This is Winchester, we make our own rules. Haven't heard if the offender will be headed to court.
Not to worry folks. The taser probe was successfully removed from the victim's chest. The probe removal procedure was recorded for evidentiary and litigation purposes. Stay tuned for further information.
Now let’s all play a guessing game. Who do you think the officer was who forgot to remove the taser probe?
Not to worry folks. The taser probe was successfully removed from the victim's chest. The probe removal procedure was recorded for evidentiary and litigation purposes. Stay tuned for further information.
Now let’s all play a guessing game. Who do you think the officer was who forgot to remove the taser probe?
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