Realizing that John Ayer, the Gilford Town Planner, and the Town Attorney were not going to admit that the town had unmerged many other lots we set out to get this information in front of the ZBA. We appealed John Ayer's action to re-merge my property. This is done as an Appeal of an Administrative Decision. The ZBA was given the following information and a red binder with the actual unmerges and non merges that show conclusively that the town had set aside this ordinance and that I was not the only one. Upon seeing this information they requested alternate legal counsel. After meeting with their new attorney they voted to not hold a hearing!
It appears the volunteer boards here in Gilford are all lawyered up. They have advocated their responsibility and authority to the lawyers who want everything to end up in court. Shame on them! They have a duty to act!
This leaves me with no choice but to appeal the ZBA's decision to the Belknap Superior Court. This is an unnecessary cost not only for me but for the Gilford taxpayers. Shame on Gilford for not admitting what they have done!
The following are additional documents submitted to the court. These documents clearly show that the Town of Gilford engaged in a practice of unmerging properties that were previously merged under the provisions of the zoning ordinance as a result of changes to the zoning ordinances in 1997, 2000 and 2002 but then withheld that information and remerged my property on Edgewater Drive. The town claimed to have no knowledge of its previous actions!
Aichinger Memorandum of Law - Appeal of Administrative Decision
Appendix to Memorandum of Law - Appeal of Administrative Decision
Even in the face of all of this information the town continues to deny its actions and submit filings to the court to protect its merging ordinance. This is an insult to the intelligence of the taxpayers. It appears that the those controlling the legal defense of the town (Town Administrator, Selectman, ?) have no conscience.
It is precisely these types of actions that citizens fear when dealing with a municipality, not being treated fairly. The town remerged my properties on Edgewater Drive yet never remerged any of the other 'unmerged' properties. The town has not merged over 80 other non conforming lots in common ownership. Are these owners in danger of having their lots merged? The town will not answer!
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