By Mark Carbone – President Monadnock Rod and Gun Club
I’m writing Granite Grok today to let you know that the Town of Peterborough is treating us unfairly. Our attorney, Penny Dean along with our VP Tom Harvey, Secretary Jim Pickford and Board Member Martin Bowen are onsite to receive the Town this morning. I will be there in an hour or so.
Under the guise of Code Enforcement/Assessment, the Town and police are set to arrive some 7 minutes ago with heavy equipment. My first notice was last night after 5 with a personal voicemail that just asked me to return a call to the Chief of Police, Scott Guinard that included zero details. I only got a more complete story hours later from our attorney who received an email.
Again attorney Dean is onsite, and WMUR has reported that they will be there.
Per Penny Dean:
On Wednesday, July 25, 2018, the heavy-handed town of Peterborough (per the chief ) will be bringing HEAVY EQUIPMENT as well as personnel to execute the attached warrant at Monadnock Rod and Gun Club 595 Jaffrey Road, Peterborough NH. At 8:15 AM TODAY. THEY WILL BE THERE AWHILE TODAY witnesses are good. BRING VIDEO AND CAMERAS.
The town and their people could well be there all day tearing whatever on the club property they choose a part for “inspection” and “testing”. Many believe the town is clearly taking sides in an attempt to tip the scales in a civil land dispute filed by the Club against the Perrys.
I will attach a document.
From MRGCI’s Attorney Penny Dean:
The Chief of Police has informed me via voicemail that they will be bringing heavy equipment. See last full paragraph on page 9 pertaining to disarming law-abiding gun owners “for the safety of all parties involved.”
Note that MRGC was not given pages 1-8 (page is labeled 9) or the affidavit. TODAY AT Monadnock Rod and Gun Club 595 Jaffrey Road, Peterborough, NH 8:15 am till…
May 23, 2018 MRGC file suit against the Perrys
June 2018 Perrys are served with MRGC suit
6-27-2018 Town of Peterborough issues a Cease and Desist Letter to the Club. Note that many police officers and others shoot at the club and NOW there is an issue with “compliance”?
The club is ordered to respond to certain issues by July 30, 2018…it is not yet July 30, 2018, and the Town of Peterborough has been to Court, ex parte.
6-29-2018 After decades with no issues now the Peterborough Assessing Department has an interesting hand-drawn change to the club property map and current use issues.
At some unknown point Town of Peterborough Board of Selectmen appear ex parte in Jaffrey District Court for an administrative warrant that allows the Peterborough Police to seize and hold law-abiding firearm owners firearms “for the safety of all” while an administrative warrant is issued with “heavy equipment” to be brought to club property and other offensive actions.
7-20-2018 Town of Peterborough Board of Selectmen’s application for an Administrative Warrant is granted ex parte in Jaffrey District Court
7-24-2018 6:22 pm Counsel for Town of Peterborough Board of Selectmen send counsel for MRGC a copy of the administrative warrant and REFUSE to provide MRGC counsel the affidavit used to obtain the warrant with the greeting “good morning” as if the town council had given MRGC notice of the administrative warrant that morning, the warrant which will be bludgeoned on MRGC in less than 14 hours after MRGC is notified of the warrant. And MRGC is essentially ordered “not to refuse” pursuant to NH RSA 595-B:8 to “permit” the inspection ie. The club president is expected to appear with keys and open arms.
Here are the club’s claimed sins. Claims from the town is in quotes. The highlighting was added.
“I. REGULATIONS, PROVISIONS, SPECIFICATIONS OR CONDITIONS WHICH ARE BEING VIOLATED.
You are in violation of:
a. Chapter 245, Article VI section 245-30, D. of the Town of Peterborough Zoning Ordinance. The existing use of the property is a nonconforming recreational facility that has been in existence since before the adoption of the Zoning Ordinance. However, this facility has been expanded without the approval by the Code Enforcement officer as specified in Chapter 245, Article VI Section 345-30, D of the Peterborough Zoning Ordinance 24S, Article VI Section 245·30, D of the Peterborough Zoning Ordinance for the natural but limited explanation of a nonconforming use with the criterion set forth in 245-41, D.
The Violation: The firing range was relocated and expanded both within the MRGC property and onto the adjacent Perry property, and a new firing range building was constructed, all without having any approval from the Code Enforcement Officer having reviewed the proposed natural and limited expansion application against the criteria in zoning ordinance section 245-41, D.”
I would note that I have affidavits from longtime members as evidence that this range area has been in use for decades in various configurations but always using the land that is currently being used as a range. (although not all portions were used every day, it would depend on what type of shoot was being held, the range as it is was in use as a range according to the affidavits from club members I have).
“b. Chapter 245, Article III, section 245-15, J 1. (e) which prohibits the filling, draining or dredging of wetlands without appropriate permits and approvals.
The Violation: You have filled wetlands without the required permits and approvals. Aerial photography and other evidence indicates that wetlands on the MRGC property and the Perry property were filled, drained or dredged as part of the MRGC non-conforming use activities without the required permits from the Town or State to so such wetlands filling, draining or dredging.”
The term “wetlands’ is a very specialized term of art. The Club cannot defend against this, as the Town will not tell them SPECIFICALLY where the Town claims this was done.
“c. Chapter 245, Article III, Section 245-14 F (2) Groundwater Protection Overlay Zone of the Town of Peterborough Zoning Ordinance, identifies the prohibited uses within the groundwater protection overlay district including “On site handling, processing, recycling, disposing, or storing of hazardous or toxic materials or wastes, except when packaged for consumer use or sale”. IT has been reported to this office that the expansion of this use onto the neighboring Perry property has resulted in high levels of lead in the soils due to lead shot and bullet discharged onto the firing range. Lead is a hazardous or toxic material at certain concentrations. The soil test concentrations take and measured by GeoInsight where the firing range was expanded onto the Perry property as set for the in GeoInsights June 11, 2018 report to New Hampshire DES indicated hazardous or toxic lead levels within this area of the firing range expansion.
The Violation: As this portion of the Perry property where the firing range was expanded is within the Groundwater Protection Overlay Zone, lead cannot be handled, processed or disposed of in a manner that contaminates the soils.” A shooting range with lead on the ground? Perish the thought!
This complaint is risible. The Court has yet to decide on the Club’s adverse possession claim.
“d. Chapter 233, Article 1, section 233-3 A(3), Site Plan Review Regulations of the Town of Peterborough,[1] requires site plan review and approval before any development or change or expansion of use of land proposed before an construction, land clearing, building development or change is begun, and before any permits are granted. This includes projects that entail the development, change, or expansion of more than (2,000) square feet of building, structures or parking area, including filling, excavation, grading, or clearing of any land which has also been reported to this office.”
The Violation: MRGC has undertaken to expand its firing range use on its property, and on the Perry’s property, including related land clearing, construction and building development, all without first obtaining site plan review and approval.”
This is very vague, Mr. Herlihy has refused to be specific, and the Club cannot be expected to be a mind reader. In order to address this allegation, the Club needs to know SPECIFICALLY what is being alleged here. When the snowplow plows the parking lot and ‘service trail’ to the range it would necessarily move some dirt, some snowplows move LOTS of dirt with the snow, so is this something Mr. Herlihy is alleging?
“e. Chapter 207, section 207-6, Standards for Building Construction of the Town of Peterborough, and per the State Building Code; as set forth in RSA Chapter 155-A, 2009 International Code Section 105.1 that “any owner or authorized agent who intends to construct, enlarge, alter, report, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application of the building official and obtain the required permit.”
The Violation: MRGC has violated the town of Peterborough Building Code, which incorporates by reference the State Building Code and the 2009 International Building Code by constructing the new firing range building at the end of the firing range with a building permit.” [2]
I think the Town inspector meant WITHOUT a building permit. This is a cement pad with a roof for a few shooters, built in part for the handicapped and boy scouts. IF in fact, this is an oversight or a permit was required, why would the Club be treated differently than any other person in town who does not obtain a permit through some sort of oversight, and be allowed to obtain a permit after the fact with minimal issues?
Editors Note: We received this morning but were unable to publish until now. We’ll provide updates on this story as they become available.
2018 7 20 Issued Admin. Insp. Warrant (002)