Last nights meeting was interesting. Leigh Komornick came in to ask the selectmen about their procedures for allowing Mr. Pappalardo to place a NEW SIGN for his business on town CONSERVATION LAND!
Ms. Komornick had the covenants, had the original agreements, and had the letters from the Forestry Commission warning the selectmen about violating covenants.
Here is the story, that Sapia, Childs, and Sullivan evidently don't want you to hear;
DOT bought land adjacent to the roadway, when they were building the new bridge. They tore down Mr. Pappalardo's sign for 1 Main st. Now that the project is done, he wants to put a new sign up. Sapia calls it a pre-existing sign, which just shows that he can not read the towns sign ordinances. The old sign was much smaller, and was 50' further up the road towards the bridge. And none of that matters, because once it was torn down, in order to place a new sign, the owner must go through the process all over again.
The problem here is that when the community center was purchased, it came with conservation covenants on the land, which prohibit any further development of the land, and ESPECIALLY NO COMMERCIALISM! No SIGNS! Jack evidently sees this as ridiculous as he intimated last night, He said, "that is zoned a commercial district" "That is commercial land" completely ignoring that the community center sits on conservation land under the management of the Forestry Commission.
What happened, is that Jack and his buddies went to the ZBA, and lobbied on behalf of Mr. Pappalardo's sign. Now there are a number of problems with that.
1.) A quorum of selectmen were at a meeting discussing town business, and there was no posted meeting of the selectmen.
2.) At some point prior to that meeting they all decided to go there and speak, and there was no posted meeting for that decision either.
3.) Selectmen can not advocate for a private interest before a town board.
Jack tried to get around these restrictions by saying he was exercising his free speech rights, and he was there as a resident, not a selectmen(looks like Phil has taught him well) This tells us that Jack had to KNOW what he was doing was wrong, and tried to invent a false and flimsy cover story to explain it.
Can you say CORRUPT?
The problem with all of this is that if the covenants are violated, the NH Forestry Commission may have the right to take back ownership of the property, INCLUDING THE COMMUNITY CENTER! Jack says he doesn't believe this will happen, well thank you for that stellar legal opinion, Jack! Who was your legal counsel, Frank Polito? What Jack DID say was that if they didn't do this he was afraid Mr. Pappalardo would sue the town, and that he might win! Strange, Mr. Sapia, wasn't afraid when Mr. Acciard, filed suit and won, 3 times! He wasn't afraid of helping Phil to violate court orders, by letting him transact elderly affairs business out of the public eye.
AND THEN; Mr. McAllister, and Mr. Sapia, agreed that a judge would have to make the right decision!
MORE LEGAL FEES!!!
WHY DOES EVERYTHING WITH THIS BOARD HAVE TO END UP IN COURT?
WHY CAN'T THEY MAKE A DECISION THAT FOLLOWS THE LAW, SO THAT THEY DON'T HAVE TO GO TO COURT?
Then Mr. Acciard came in;
Sapia again went through his act of deciding if he would be allowed to speak! My God, THAT is what this whole thing is about, and Sapia is thinking of FURTHER restricting this guy's speech? How inept can one man be?
So He let Mr. Acciard ask his questions, at least a couple of them, and didn't answer any of them, and then SHUT HIM DOWN AGAIN!
SO WHY COULDN'T THE BOARD TELL WHAT STEPS THEY TOOK TO INVESTIGATE ACCIARD'S COMPLAINT?
I think the whole town would like to know that, because it is obvious that they haven't done anything!
And why couldn't he read the letter he gave them, We would like to know what was in it. Mr. Acciard, maybe you could leave that in the library, so that we, the people, can see what our board of selectmen wish to hide!
It is clear that everything this board does, smells! This needs to be looked at by some state agency, because there is no justice in Atkinson, under the current regime!
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ATKINSON's Vietnam HONOR ROLL as VOTED and PASSED by 2005 Town Meeting and re-approved at Special Town Meeting Sept. 12
EDITORIAL-
A voice of compassion, an example of fairness and reasonable government.
One who believes in the strength and comfort you, your children and your family can draw from good government leadership.
A person who knows Atkinson is our home -- our most important possession that must be preserved and protected through fair taxes and sound community planning and where our children must be safe to grow to become a new generation of leaders.
One who knows that the citizens of Atkinson are all neighbors with her leadership to be dedicated and responsive to all.
One who believes that when those from Atkinson have served our nation and honors are deserved, those honors must be given.
In Valerie Tobin, we now have a leader we know we can entrust with these responsibilities because they are part of her character.
It is our honor to endorse Valerie for election to Atkinson’s Board of Selectmen.
Just a note for those who wish to count the deer.
In January 08 this blog had 16,000 hits and 1,500 unique visitors (for the month).
In 2007 this blog had over 100,000 hits and 5,750 unique visitors (for the year).
In 2007 this blog had over 100,000 hits and 5,750 unique visitors (for the year).
EDITORIAL-
"I offer nothing more than simple facts, plain arguments, and common sense . . ." [TP, 1776]
We take no small measure of umbrage at such a hostile official act against this BLOG’s patron. Therefore, a timely Editorial comment is both appropriate and necessary.
Discussion of Atkinson’s financial direction, from any viewpoint, is fundamental and encouraged and we will always attempt to limit and correct errors.
However, Righteous indignation towards purported error of such inconsequential nature is not appropriate.
The ENTIRE car deal is problematic. If it was caused by poor judgement, improper exercise of authority, neglect or mistake or even specious reasoning, this will never trump the facts that the entire questionable transaction started and ended within a very small circle of confidants.
We find the entire circumstances surrounding the disposition of the police Cruiser highly irregular at the least and the "explanations" somewhat trifling and exhaustive of our intellect.
Mr. Consentino: It’s time to go. Being Chief of Atkinson’s Police Department is NOT a birthright. That is a fabled legend of yesteryear.
Historically in Atkinson, police chief appointments were made "under the hand of the selectmen" for terms of one year at a time, as was also the case in the beginning of Mr. Consentino’s assorted and discontinuous stream of appointments to this position.
Your only remaining credential established on a claim of indispensability has faded.
So time is neigh. Plan a graceful exit, Clean out your desk, Accept the gratitude and tearful sentiments from some. We plan no editorial recriminations. It is time. Thank you for your service, We wish you a long and happy retirement. Bon Voyage.
LETTER
"To All Atkinson Residents,
I am writing to ask for your help. A member of the Atkinson Police Department needs our help. I am here to ask for your help in Corporal John Lapham's fight for his life. As you are aware, John has been diagnosed with Leukemia. He has been once again hospitalized with an infection that is threatening his life. He is one of the bravest people that I have ever met. He has never asked of anything from the residents of the town. Now is our chance to step up and help both him and his family out. As everyone is aware John has been out of work for a few months. His family has been busy helping John to get better. He needs our help, and I am hoping that this town can step up to the plate and help. From the moment that I met John, I have admired him. He does alot, but never asks for anything in return. He has helped so many people in this town. I for one am one of those people. Please help him.
There is a fund set-up in his name at TDBanknorth in Plaistow. Any amount will help John, while he is out of work. It would be great if this town could help ease a burden off his wife.
Thank You
Also if anyone would like to send a card, please address it to:
John Lapham
c/o Dana-Farber/Brigham and Women's Cancer Ctr.
Inpatient mail
75 Francis Street
Boston, MA 02115
United States
Please show Corporal John Lapham, that this community can stand up and show our support to those in need. I for one, miss John and can not wait until he can get better and return to work. Please show him that we support him. "
37 comments:
I cannot believe what I just heard and saw.
The issue with the sign is beyond ridiculous. Jack just admitted that if a incorrect decision by the BOS may need to be decided by a judge. Why does everything the BOS do require a legal opinion? If people cant recognize this it is quite sad.
Our self centered police chief gave Acciard a lawsuit against the town, and the selectmen, especially Sapia have compounded it!
How much is all of this going to cost the town?
Speaking of signs, I just passed an establishment in Tewksbury and I think it would be great if we could purchase the rites to it and place it on the Town Hall:
THE WAFFLE HOUSE
I have to comment on Mr. Sapia's demonstrated lack of knowledge regarding basic fundamentals of real estate law.
First of all, real estate is not a house or the ground we walk on. Real estate is created by the bundle of legal rights associated with it. Real estate was created by lawyers, not builders or developers.
Apparently, Jack does not quite understand this.
What is quite clear about legal rights in real property is they cannot be superceded by an ego-maniacal, uneducated Selectman. No matter the reason. If your reason is not a legal challenge to the title held by the Forestry Commission, it is meaningless.
All of Jack's colorful talking points were irrelevant. "Working in partnership with the Forestry Service" or "the previous sign was up for 25 years" or any other issue he stated has nothing to do with the fact you are violating the rights of the title holder - which are established by specific covenants spelled out in the deed recorded at the Rockingham County Registry of Deeds. Deed restrictions hold precedence over Sapia's hot air expelled at the meeting last night. End of story. He can come up with every salesman-like justification in the book and at the end of the day, the entity that controls the deed restriction has final say. Period. Done. It cannot be any clearer than this.
And for Russ McAllister to act like an 8 year old toward Leigh Komornick was downright rude. Leigh was explaining the concerns she expressed were based on her 20 years of experience as a town planner and Russ retorted "Sumner Kalman has 35 years of experience!". I was waiting for McAllister to finish with "Na Na Na Na Naaa Na". McAllister has got to go. Very unprofessional behavior to a town resident that had VERY legitimate concerns. And McAllister doesn't even live in Atkinson. Well Russ, where is a document showing Town Counsel's opinion on the matter? I would like to see it. We all want to see it. You certainly didn't offer any evidence Town Counsel actually weighed in on the matter. Because if he did, he would have told you not to authorize anyone to put a sign up when there are clear deed restrictions! And if Kalman did advise the Selectmen to go ahead with the sign, then he should be fired because he should know better.
Leigh Komornick's concerns were 100% on target. Thank you, Leigh, for standing up to these incompetents. They are temporary.
So Mr. Sapia, when it comes to real estate, the bottom line is: YOU DON'T KNOW JACK !!
And last night you proved it.
Just a question. Mr. Pappalardo had a sign on "town land" for many years, or until the town decided to expand the driveway. That move took the space Mr. Pappalardo was using (with permission of the town.)
So where is he expected to put his sign now? Right after the land is the hill leading to the railroad tracks. Maybe the town would let him put it across the street with a big arror and neon lights.
The issue isn't that he had the sign for 25 years, it is that there are now covenants on the land that prevent the erection of a new sign.
Therefore the sign can not be erected. Maybe he can put it on the front or top of his building.
Maybe he can put it further down the road towards the bridge, doesn't matter, the point is, once again, the selectmen have failed to obey the law.
Hey Jack, you hold the title to your front yard, how about if I ask the town to give me permission to put a sign in your front yard, and the selectmen go to the ZBA and advocate on my behalf, and the ZBA says alright?
Are you going to be happy with a great big 40 sq. ft. sign in your front yard?
What's the problem? That is what you just did to the forestry commission, and the town of Atkinson! JACKA**!!!
It is more and more than obvious the selectmen just do not get it !! The towns people want the representation they put them in office to perform in their lawful given duties in the towns taxpayers behalf. It appears that before ,and, openly in public sessions the selectmen have agendas of their own that are far removed from what they were elected to do . I ,too, ask where is the towns lawyer that is paid to perform legal attention to what is going on . Does he advise and perform his duties that he is paid to do , I think not . The removal of all the selectmen is a no brainer as should be the towns lawyer who isn't protecting the town from the political and personal internal turmoil that results in costly legal issues in the courts. It does make him more money but if proven that he is lacking in his duties he could be in trouble with the state bar and face suspension or loss of his license to be a lawyer in N.H.
As a former selectman I can tell you that Sumner tells all incoming selectmen that we decide what we want to do, and he will defend it.
He does not give advice on how to avoid court.
He does not volunteer information that what we are doing is wrong.
He is a selectmen's lawyer, not a town lawyer.
Also, his retainer tripled last year or the year before, because Phil negotiated his new contract.
Kind of funny when you realize that he spent most of the previous year defending Phil, not the town!
Quid Pro Quo? Maybe but try and prove it!
That is way too interesting. We as towns people are not represented by the town lawyer. Only the selectman are but we must pay for their lawyer if they lie, slander others, and make illegal decisions?
If the former selectman is right about Mr.Kalman representingthe selectmen , the chief in particular, then who represents the townin any of the legalitieswithin and outside of the town? It was nice of the chief to be able to triple Mr. Kalmans pay ,as was mentioned, after defending the chief and not the town as well. I wonder if Mr. Kalman does the same type of representation in other towns . Does he still do work for the town of Plaistow ? There can be no doubt that the state should be notified and become involved in all of the troublesome problems currently before the town. I would hope the state would jump at the chance to look int the representing issue by Mr. Kalman especially so because the town hasn't a lawyer to represent it in any legal matters if the former selectman is correct in what has been said.
Sumner Kalman is loyal to one and only one person in this world: himself. He cares for one and only one thing: money.
THAT'S THE FACT, JACK!
http://www.eventsounds.com/wav/factjack.wav
I didn't like the way Mr. McAllister treated Leigh Komornick. He was rude and talked down to her. I don't like to see this conduct from public service workers. I hope this is noted in his annual review.
Yeah, Right!
That's nothing, you should see the way he talks to Linda Jette on a daily basis.
It is disgraceful!
Does anyone realize that Pappalardo's building is in Plaistow and not in Atkinson? Look at the map. So I say put the sign in Plaistow, where you pay taxes. You are not an Atkinson business.
Clown Parade…………..
Atkinson is a joke! Every day it is something new. Either “Bozo Clown Phil” or the BoS (Board of Stupidity) do something that is utterly stupid.
Has anyone looked in the closet in the BoS meetings? I only ask because I believe that is where they keep the cheese. I am sure that these “Mice” (Board of Selectmen) cannot go very long knowing that the cheese is right behind that door.
Which reminds me of something else. If I could get my employees to do their job with the kind of consistency that “Bozo and the rest of his clowns in the funny car” screw up, I would be making money hand over fist and would not have enough time for my latest pastime (the Atkinson Reporter)
What amuses me is, when you watch the Monday night meeting, how the BOS have Russ do all the talking, explaining and arguing with those speaking. He is the BOS's secretary that's all. He is not a decision maker or a person of knowledge of how this town is governed. He is a SECRETARY and it's time he started acting that way. As for his treatment of the RESIDENTS OF ATKINSON, it is deplorable. That man needs to be put in his place and remember who is paying his salary, it is not Larry, Curly, Moe or Bluto, it is the Atkinson Taxpayers and it's high time he started showing them respect.
Mr. Pappalardo should consult his attorney before he deals with Atkinson Selectmen.
My understanding is the DOT/State of NH paid him for land they took along Rte 121. This strip of land held his sign. Once he accepted compensation from the state for the land taking by eminent domain and subsequently transferred title of that parcel, he gave up his grandfathered, non-conforming sign as well. BEFORE he signed the deed and cashed the check, he should have negotiated with the town of Plaistow and State of NH about relocating his sign. Jack Sapia will tell you over and over about the sign that was there for 25 years (I agree, he don't know Jack about real estate).
Now after taking the money and giving up his sign, he comes to Atkinson and does business with fools. Unfortunately, he is now hosed and the one holding ALL the cards is the entity controlling the deed restrictions.
Our Selectmen are clueless as to how badly they are going to lose this one. Picture this: Did you ever see that WWF wrestling commercial where one guy flies through the air and uses two feet to kick the other guy in the chest and slams down to the mat really hard and it looks really painful? Well the guy flying through the air is the Forestry Commission and our Selectmen are the guy who gets kicked and slammed hard to the mat.
I'm not sure what Pappalardo can do. He's between rock heads and a hard place.
Sapia is dong here what he did with the Vietnam Honor Rolls;
Looking back past the vote to see the deliberative session argument that the "veterans club" didnt want the panels there. Well, Guess what? What happened before the vote doesn't matter! follow the law!
Now it is; Well, Mr. Pappalardo had a sign there for 25 years, He has a right to a sign for his business"
Well, Guess what? There is no guarranteed right to a sign by law! He sold his sign to the DOT!
Hey, isn't it illegal for the selectmen to have a meeting without posting it first?
And what about minutes?
Yes it is illegal for the Selectman to hold a meeting without posting a notice. The Selectmen's meeting at ZBA should have been posted. As for minutes, maybe the ZBA has them.
Who in their right mind running the ZBA would allow this circus to go on?
Who is the Chairman of the ZBA?
To Anon 10:55............
I love the imagery. That is just what this "Down and Dirty" blog needs. A little light and airy humor.
Maybe if Jack had represented ALL OF US, as we elected him to do, instead of representing Mr. Pappalardo, to the ZBA, maybe the town could AVOID A LAWSUIT, INSTEAD OF INVITING ONE!!!
Is it too soon to begin asking if there was a payoff?
Sapia has no more honor than Consentino!
When will some person[s] get the state to look into the recent allegations and alledged misuses of the sworn oaths taken by the chief of police and the selectmen? It doesn't take much of anyones thought to see an investigation is needed to legally get all the issues over and done with. Most people in town want the BOS and the chief to step down now knowing that they are not doing the taxpayers business as they hadsworned to do . The attorney generals office ,if contacted ,has to respond in written form if they do or do not want to step in and there are other agencies that will have to do the same. Among them are the states licensing and accreditation as regards lawyers representing towns and selectmen and certain department heads. I see no reason why the state can't run the town until the next election if need be . This could be the best thing for the taxpayers who have to front the monies for the many cases past, present, and those now sure to come due to the recent fiasco in town government practices.
Did anyone notice?
Jack claimed to know about the deed restrictions, but didnt care. He was more afraid of Mr. Pappalardo suing the town to fight the restrictions, than the Forestry commission suing the town to preserve their already established ownership rights!
Is this really the best we can have as selectman?
I was more upset at his comment to Mr. Accard;
"I have seen what YOU have put the town through for the last six years"
How about what the town, the chief, and the selectmen have put mr. accard, and mrs grant, and mr. kay, and mrs. zaremba, and everyone else through?
Hey Mr. Sapia,
You and your buddy the police chief have cost this town tens of thousands of dollars, and for what?
All you do in court is lose!
Yes yes yes, you are so on the money. That really put me over the edge, the comment from Sapia, look what Mr Acciard has put the town through for the last six years. Look what the three Stooges, plus BOZO, have put all of us through and for what gain???? It is all about the right of free speech. Called the Constuition. How do we go about getting this taken care of. legally??? we need advice.
By the way what about the cruiser thing. Has that been swept under the rug once again.
How come our town moderator has been very quiet lately?
Mr. Frank Polito, our town Moderator, is Chairman of ZBA and it was under his leadership that the recent ZBA approval for Pappalardo's sign was provided.
Thank you Mr. Polito for allowing approval of a sign that violates deed restrictions on the town community center and jeapordizes a valuable town asset.
Mr. "Super" Genius doesn't know that when three selectmen come to a ZBA meeting and if said selectmen's meeting is not posted it is considered an illegal meeting?
Mr. Super Genius doesn't understand deed restrictions and the consequences of violating them?
Apparently, as Chairman of ZBA, he doesn't quite understand how to do his job.
WHAT WERE YOU THINKING MR. MODERATOR????????
Are there ANY town officials in Atkinson who will do what's right irregardless of whether or not it is popular?
Anyone at all?
Current or Former(because it is not looking like there are ANY current officials who are not corrupt)(except the town clerk, and tax collector)?
Linda Jette, is ethical!
I think Acciard has PROVED himself to be ethical, and honorable.
I think Teddy Stewart has shown himself to be ethical.
But I wouldn't include any of the selectmen or the Chief!!
Chief's
To answer the 12:46 and 3:11 blogs. Its as simple as getting others you know to do what is necessary - GO AND COMPLAIN TO THE STATE EITHER IN PERSON OR BY WRITING as the anon. [10/23 6:42] suggested . Maybe a start would be for the former selectman to help with this with his past knowledge of what happenened during his tenure.
To Anon 9:19..............
I am sure that both Jack (Ass) and (wild) Childs most likely think that the Constitution is a bunch of hog wash.
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