This is the fundamental question public officials must ask and answer before taking any official action. If the answer is ‘We don’t know. . .’ then they have a duty to find out! Apparently, such was not the case in the matter of the Town of Danbury Planning Board when they devised and engaged in a phantom regulatory scheme beginning in late 2023, which set off a chain of disturbing events that ultimately, and unfortunately, cost Danbury taxpayers thousands and thousands of dollars in unnecessary legal fees.
The Chairman of the Planning Board is John A. Taylor, who is responsible for assuring the board upholds and operates within the confines of state law and was the central actor in the scheme. Since no statute or planning board regulation (i.e. Rules of Procedure) allows such a scheme, what is the recourse for Taylor’s alleged bad-actor conduct?
RSA 673:13, Removal of Members, II. allows the Selectmen to remove a land use board member, for ‘malfeasance in office’, ’neglect of duty’, or ‘inefficiency’ after a public hearing. Therefore, a ‘Petition for the Removal of Land Use Board Member, John A. Taylor’ alleging numerous accounts of ‘malfeasance in office’ and ‘neglect of duty’ has been submitted to the Selectmen for consideration by Deborah Aylward, a Danbury resident, along with allegations of conduct which may meet the elements of one or more criminal statutes.
The petition was not undertaken lightly, and after witnessing for herself the conduct described therein at public hearings; plowing through almost a ream-and-a-half worth of documentation— it took almost a year and a half from start to finish.
The petition is the stuff of which headlines are made, which may spark legislative change. Planning boards that do not ‘operate by the book’, and mess with citizens’ property rights (for whatever reason) must be held accountable. Still, sadly, some applicants cannot afford to appeal questionable decisions, which likely require the services of a reputable land use attorney — at great expense.
Unfortunately, this particular case in Danbury is not a one-off situation. As a state representative, I’ve heard anecdotal accounts from other representatives living in cities/towns having land use board members who engage in acts of intimidation; are known to disrespect applicants in public forums, and deny applications against all reason, all while pushing hidden, or overt personal or political agendas — with no consequence.
Kudos to those cities/towns with land use board members who hold themselves to the highest standards; check and re-check statutes, terms of zoning and other ordinances, and board rules of procedure before taking official action, to avoid unnecessary and costly appeals. These board members would not dream of acting in any way to cause allegations of impropriety.
Unfortunately, especially in smaller towns, and whether appointed or elected, there are land use board members with no experience in planning or zoning populating land use boards. There are also the too-long-serving members who skirt the law, with less experienced and rarely knowledgeable other members not knowing the difference; who do not self-educate, participate in training, and just go along for the ride to applicants’ detriment, especially if casting the deciding vote in the negative.
If elected, it is said that the ‘cure’ for cancers permeating these boards is: Vote them out! However, positions can carry a three-year term, which can be a rather long time to wait to unseat an undesirable member. And especially in smaller towns, many times individuals run unopposed due to lack of skilled talent, or if experienced, simply don’t have the time to devote, nor interest. Such is the state of ‘local control’ in those towns.
New Hampshire is not a Home Rule state, so there are no re-call elections. However, the legislature, in its wisdom, created a statute that addresses ‘removal of land use board members’ (RSA 643:13, II), which is a statute about which citizens need to be aware, because unfortunately, it is oftentimes up to citizen sleuths to expose public officials’ wrongdoing. Take the case of the Town of Webster’s former treasurer who was convicted of an illegal act after average citizens took it upon themselves to bring the matter to the proper authorities.
As a reminder, authors’ opinions are their own and may not represent those of Grok Media, LLC, GraniteGrok.com, its sponsors, readers, authors, or advertisers. Submit Op-Eds to steve@granitegrok.com
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