Here we go again, folks!

[YeahItsMeJP]

This page has been printed from the following URL:
http://www.seacoastonline.com/news/06062005/news/46177.htm
6-6-2005



Suit asks court to OK above-garage room

By Elizabeth Dinan
edinan@seacoastonline.com

HAMPTON - Claiming an error of law, a 96-year-old Hampton woman and her niece are suing the town?s Zoning Board of Adjustment in a dispute over whether their over-the-garage addition is a rec room or a living space.
After being denied a rehearing by the ZBA, Myrtle Woodward and her niece, Barbara Burbank, filed a lawsuit on May 31 in Rockingham Superior Court, stating that the zoning board erred on several occasions.

First, their suit claims that the board erred in its unanimous decision to uphold building inspector Kevin Schultz?s determination that the addition created a second dwelling unit. in violation of zoning laws.

In their suit the women claim the above-garage quarters are used as a family gathering space and are "not complete, independent living facilities."

The suit also claims that the board erred when it relied on information from a disgruntled ex-boyfriend of Burbank?s daughter, who filed a complaint first describing the space as living quarters. The suit asserts that he was an unreliable and biased source of information, and that seven inspections conducted by the town proved the space does not meet the definition of living space.

The women claim that a stove, cited by the building inspector as evidence, was not functional, as it was not connected to gas, and that a sink stored above the garage was not hooked up to water. Similarly, a dishwasher kept there was never connected to water input or waste output.

On Nov. 19, a police cruiser and three town officials arrived at the women?s home with a warrant to conduct an inspection for evidence of an illegal apartment. As a result of that search, Schultz filed suit against the women, asking the court to order them to demolish any improvements made that weren?t approved by the town and to pay the town?s costs, attorney?s fees and $275 in fines per day, dating back to Feb. 27, 2003, the day they are alleged to have violated their building permit.

On Feb. 7, the town?s zoning board voted unanimously to uphold Schultz?s determination that the women had constructed a second dwelling unit at their Winnacunnet Road home. The women then asked the ZBA for a rehearing. Their request was denied in a letter dated April 29.

Represented by attorney Robert Consavage, the women are asking the court to find that their above-garage addition is not living space and to award them costs and damages.

Their case attracted the attention of members of the Liberty Tree Society, who, after reading about the story in the Herald, staged a protest in February in support of Woodward and Burbank and against what they called "family-destroying zoning laws."

[KBCraig]

Finally, there's action on the case!

I've been wondering (and worried) about what was happening there.

Thanks for the update.

Kevin

[Dave Ridley]

Nice to see that beth has been brought back from exile and allowed to report the story again.

[hamptoninsider]

If it was an Appeal to Rockingham County SC on the ZBA Motion for Rehearing denial, they are SOL as they are way beyond the 30 day filing period which started the day of denial (March 18, 2005).? ?Do you know the status of the original case brought against Myrtle by the Town?? I have not checked status on that case since mid-march.? New shark hired.....gets damn expensive.....  Specially when they don't meet simple deadlines...

[John]

Well, looks like I need to go back to Hampton again.  (I love the sea coast anyway.)

The local folks sure seem intrested in what he town is doing to one of their neighbors, and there are lots of local folk out walking - who like to stop and chat -these days.

Anyone care to join me?