Warner Board of Selectmen

Meeting Minutes

October 13, 2005

 

Meeting opened at 9:20 a.m.

In attendance: Selectman David E. Hartman and Selectman Richard A. Cook

Recorder of the minutes is Mary Whalen

Others present: Nathan Abbott & Lisa Tusha

Mr. Abbott explained that he contacted Mr. Peter Wyman about an available lot within the Pleasant Lake Estates. During the conversation Mr. Wyman explained that there was a condemned mobile home located at 14 Pleasant Lane but was not presently interested in removing the mobile home at a cost of $3,500.00. Mr. Abbott offered to remove the structure because he needed the lot. Mr. Abbott, Lisa and Mr. & Mrs. Wyman looked at an available mobile home located on Roby Road in Sutton, NH. Mr. Wyman approved the available mobile home to be moved to 14 Pleasant Lane. Mr. Abbott removed the condemned mobile after an approved credit verification received on September 14, 2005 (filed under Lisa Tusha). The Wyman’s contacted Lisa and said that they may proceed with the demolition of the current mobile home and move the mobile home from Roby Road to 14 Pleasant Lane, demolition of the condemned mobile home took place on September 17 – 28th. Selectman Cook asked if a signed lease was in their possession. Lisa explained the Mr. Wyman took back the lease on October 1, 2005.

Both Mr. & Mrs. Wyman visited the site on two occasions during the demolition. The mobile home from Roby Road was moved to the site on September 28, 2005. Mr. Abbott connected the septic, and PSNH turned on the meter, Mr. Wyman visited the site after the mobile home arrived, Mr. Wyman at that time gave no indication that Mr. Abbott and Lisa Tusha should not proceed occupying the home. Mr. Abbott hired an electrician to wire and ground the mobile home. After which Mr. Wyman was not pleased and told Mr. Abbott so, a building permit still needed to be approved by the Town of Warner. Mr. Abbott assumed that Mr. Wyman had already went through the proper channels because Mr. Wyman gave them the OK to demolish and move the other mobile home to the site. On October 7, 2005 Mr. Wyman shut the power off to the mobile home. Mr. Abbott then spoke to a retired corporate attorney and a retired police officer and both advised Mr. Abbott to place a padlock on the meter, Mr. Wyman does not have the authority to shut the power off, there are children now living in the mobile home.

Mr. Wyman then notified Mr. Abbott on October 12, 2005 that the building permit was denied by the Town of Warner and told Mr. Abbott to unhook everything, disappear for a couple of weeks and maybe he would be able to slide the permit through. Mr. Abbott feels that Mr. Wyman’s actions are inappropriate.

Mr. Abbott and Ms. Tusha are looking for advice from the Selectman. Mr. Abbott also explained that there was a contract between Mr. Wyman and themselves but Mr. Wyman asked for the contract back to be submitted with the building permit. Since then Mr. Wyman denies that there was a contract.

Mr. Abbott has filed a complaint with the Warner Police Department. Mr. Wyman did contact Selectman Cook and explained that the mobile home at 14 Pleasant Lane is occupied without an approved Building Permit. Mr. Wyman approached Mr. Abbott and Lisa and told them that they must vacate immediately. Mr. Wyman later learned that Mr. Abbott and Lisa did not vacate, instead they filed a complaint with the Warner Police. The permit cannot be issued or obtain a Certificate of Occupancy until data is supplied supporting that the mobile home meets HUD Standards. The electric also needs to be signed off by a licensed electrician.

Selectman Cook explained that Mr. Wyman owns the property, and if Mr. Wyman does not want Mr. Abbott and Lisa residing in the mobile home and has asked them to vacate the property/grounds it then becomes a civil issue. The Selectman can only uphold the Zoning Ordinances. Selectman Cook explained that in order to obtain a building permit the electrical needs inspection and the mobile home must meet HUD requirements per the Building Code Ordinance.

Motion to adjourn

Board of Selectmen

Wayne Eigabroadt – Chairman
David E. Hartman
Richard A. Cook