We all saw the Selectmen's dismal performance with Mrs. Komornick on Monday night; But a little research combined with a couple of phone calls, and FINALLY the release of the minutes from the 10/10/2007 ZBA meeting, only 8 days late according to State Law! Wonder what the ZBA chair, Mr. Polito was trying to hide?, Have revealed this whole sordid affair, which places Atkinson's beloved community center in jeopardy.
What Mr. Sapia, in all of his smug condescension, Monday night failed to reveal, is that the board is in possession of two letters from the Society for the Preservation of NH forests, advising them of the deed restrictions on this property, and that the Town could not violate them.
What he also didn't reveal is that someone(a selectmen, perhaps)apparently told Conservation Chairman, Tim Dziechowski, that he "better not attend" that ZBA meeting. Why Not?
Jack also failed to reveal that a representative from SPNHF was there and Chairman Polito, refused to consider the fact of the deed restrictions. WHY?
The rub is that when the town purchased the community center property from the SPNHF it came with deed restrictions prohibiting any building or commercialism, on the property! Now I know Jack said it is a commercial zone, but he conveniently forgot to mention to all of us at home that the community center land is conservation land, which prohibits signage, AND HE KNEW IT!!!
He seemd afraid that Mr. Pappalardo would sue the town and win, but doesn't care that the OWNERS OF THE DEED RESTRICTIONS, THE SPNHF, are a state-wide organization with over 10,000 members, and an annual budget of multi-millions, and they exist for the SOLE PURPOSE of protecting NH land and forests! They cannot let this slide because it would set a precedent that would challenge their restrictions on every other piece of land under their control, and they control over 100,000 acres of land in NH! But this is the organization Jack feels will just go away! This lack of honor, integrity, of just basic logic, boggles the mind!
So to recap;
The selectmen violated RSA 91-A:2 by not posting notice of their meeting with the ZBA.,
they violated it again, by not posting the meeting where they decided to go to the ZBA, on Mr. Pappalardo's behalf.
They probably violated the town's code of ethics ordinance by representing a private interest before a town body.
And The Chairman of the ZBA, Frank Polito, yes the very same town moderator that failed miserably in his attempt to sue the town two years ago, stated at the meeting that he spoke with Town Counsel, Kalman, who advised the ZBA to deal with the zoning issue, and forget about the lawsuit, that will inevitably result from this negligence!
This is the type of faulty legal advice that has led this incredibly inept, and unknowledgable board of selectmen into court, ALMOST CONSTANTLY SINCE JACK WAS ELECTED SELECTMAN!
Anyone else see this connection?
And here's the best part.....
IT STATES RIGHT ONT THE DEED THAT THE SPNHF RETAINS THE RIGHT OF RECISSION IN EVENT OF VIOLATION OF THE DEED RESTRICTIONS!!!
This means that Ms. Komornick was right!!!
The SPNHF HAS THE RIGHT TO TAKE BACK OWNERSHIP OF THE COMMUNITY CENTER BECAUSE OF JACK SAPIA'S AND HIS BOARD OF SELECTMEN'S INEPTITUDE!!!
I move to have Jack Ass Sapia removed from office for incompetence.
ReplyDeleteI also move to have Mr. "Acts Like a" Childs removed from office due to incompetence.
ReplyDeleteFurther more, I also move to have the town moderator and the town adminstrator removed from office due to incompetence.
ReplyDeleteAnd lastly, I move to have "Big Bad Ass Phil Miholin" removed from office and persue legal action against him for endangering the livelyhood of Atkinson.
justice be damned, i second that. could you please put it in writing and kindly submit that to the BOS? then they can forward to our town counsel and have him review it.
ReplyDeleteJustice be damned is on the right track for the removals of those mentioned by him above. Talking about it is one thing and if there be and are others who agree they should join together and stop the ongoing lip service and take the suggestion of anon. in the next/previous blog and seek state intervention. The longer state involvement is put off the more chance of those in power to seek a "fix" in their favor from past associations and favors done at all levels of the state and the courts. Do try to remember that evidence seems to disappear from file cabinets and ever so frequently from ones memory at their and others persuadable wants to avoid truth and punishment.
ReplyDeleteFor those that are commenting in this vein, please be aware that I have filed complaints regarding this latest outrage, with the State Police Administrative unit, the Police Standards and Training Council, and the NH Attorney General's Office of Public Integrity.
ReplyDeleteThe office of public integrity said that the complaint will spur them to action quicker, if they receive written complaints from more residents.
So Please Write away!
This is probably Chief Phil's doing. If Atkinson looses the Community Center where will the seniors go?
ReplyDeleteMaybe to the addition of the police station Phil wants.
More power & control that's his plan
To Macciard Said: I have to commend you on the notification of the three state units as you have presented it. However, when you did isn't written here nor has the response ,if any as yet. It would be a good thing to make public in order to gain more open support rather than just the blog site cheering on with what to do. To hear from the state asap will help to avoid things from disappearing as said by anon. Who knows!! there could be a resignation or two before or after the states ,usually slow foot dragging response.
ReplyDeleteEverytime I go on this blog I am more and more flabbergasted by what is happening to Atkinson. This is your typical big fish in the little pond syndrome. I think they should all just resign. It seems these problems are way beyond fixing with out that solution. They seem to think they are above the law. Get writing those letters.
ReplyDeleteIt would be helpful if the addresses and contact information for these office be posted here.
ReplyDeleteThanks
NH Police standards and Training Council
ReplyDelete17 Institute dr.
Concord, NH. 03301-7413
(603)271-2133
Director: Donald L. Vittum
dvittum@pstc.state.nh.us
NH Attorney General's Office of Public Integrity
33 Capitol Street
Concord, NH 03301
Telephone (603) 271-3658
Fax (603) 271-2110
Hope many of take advantage of this information.
Mr. Acciard,
ReplyDeleteI have heard a story about $1,300 that chief Consentino pocketed that he wasn't authorized to get, do you have the details about this?
I have a hard time believing these incompetents will simply resign. There is an ego-maniacal twist to their behavior as well as sociapathic behavior where they actually believe they do no wrong. If you ask Jack and Phil, WE are the problem, not them. It is them complainers like Acciard and Leigh Komornick - those evil citizens who are worried about their silly rights and their stupid tax bill when Phil and Jack are only concerned for public safety! And you can't put a price on that!
ReplyDeleteAdditional contacts for complaints:
Attorney Jim Reams
ROCKINGHAM COUNTY ATTORNEY'S OFFICE
P.O. BOX 1209
KINGSTON, NH 03848
603-642-4249
FBI
McIntyre Federal Office Building, Room 205
Portsmouth, NH 03801
(603) 431-4585
FBI Public Corruption tip line: (617) 223-6504
We all need to start sending letters and making calls. The alleged CRIMINAL complaints cited by Mark Acciard are enough justification to make complaints.
To Anon @ 5:20
ReplyDeleteLets see, I filed a code of ethics complaint on that issue in Dec. 2004. Of course they saw no conflict! Mr. Smith, who said prior that "it's not like Phil is pocketing money" saw no problem when Chief WAS pocketing money!
Here's what happened;
In March of 2003 at town meeting the new union contract was passed.
It included a new benefit, Article 18-A of the contract allows an eligible employee, under the contract to get $1.00/hr. worked, if they do not take the health insurance.
Article 2 of the contract specifically EXCLUDES the chief of police from participating in the contract.
Chief put himself in for a $1,300 "union benefit" Dec. 1, 2003.
He did not point this out to the other two selectmen, they signed the packet of vouchers(30-40 vouchers) unawares of the extra payment to the chief.
When he tried this again in 2004, selectman Boyle caught it, and called attention to it. Chief claimed he had always received it.
When we met before the code of ethics committee, he told them he had "been receiving this benefit for 3 years, since a few months before he was elected selectman"
That was a L**..... Hmmm, hold on, last time I said that sentence, He sued me, apparently claiming he was going to own a cleaning company, so let me just say, THAT WAS TOTALLY UNTRUTHFUL! He had received it ONCE!! Only the time I was complaining about, and he wasn't eligible for it then! But I was already in court with him on the question of him recusing himself, and he was suing me for my house and business, so I let it slide.
But the facts are, when he said that to the committee, Mr. SMith turned to me and asked me if in the light of that new testimony, would I withdraw my claim?
I said "give me a day to check it out, and If I find I was wrong, I'll not only withdraw it, I will apologize publicly.
I found out I was not wrong. He had only received it once, and furthermore, his "testimony" to the committee, was false, and I believe, designed to get the complaint dismissed!
So Much for his "good name"
To Jack and Fred ... You both were elected to do the bidding of the majority not the select few. Its apparent you haven't done that so rather than you two any further why don't you both resign before , as it seems to be coming, you both end up in court or worse. You both seem to fall in line with the failing to follow the laws set down before you and the oaths you've taken. If your so concerned about whats right and the related costs officially and private to you both or those you claim to represent then you should walk away asap.
ReplyDeleteThis is getting ridiculous!
ReplyDeleteSapia's reign of terror on the board of selectmen has been, marked by an almost constant prescence in court!
They can't seem to do anyhting without a judge's order, because to do so, would mean that someone wasn't happy, and Jack can't stand to have someone upset with him, well, Jack, there are hundreds of residents upset with many of your actions, and you no longer have any credibility at all!
To put the town in danger of losing the community center, this is outrageous!
Who was your legal counsel, on this one?
Do you understand the the forestry society, exists solely to protect these lands in their natural state?
Do you understand that they have a budget of millions dedicated to this purpose?
Yet you think that they won't do anything, incredible!
Mr. Sapia, I have to say, You, sir, are an idiot!
I really find it difficult to believe that a seasoned real estate attorney like Sumner Kalman would advise the selectmen that they had the right to allow a private entity to erect a sign on town property, with these deed restrictions.
ReplyDeleteIrregardless of what Mr. Sapia says publicly, I would want to see that in writing, because I can't believe it.
As Mr. Springer wrote, the Zoning board can only rule on zoning issues(ie: the size of the sign) The permission to place the sign is solely within the domain of the selectmen, and is their mistake, in my esteemed opinion.
By the Way, as someone who has worked with the Forestry Society previously, I would be shocked if they did not file an injunction immediately.
Just ANOTHER lawsuit for the town.
to leagalbeagle
ReplyDelete"irregardless" is not a word. Spell check should have flagged it. But oif we all use ot enough, Websters will add it to the dictionary.
At any rate, it would seem there is enough evidence to keep the FBI busy for a while in many different offices.
This comment has been removed by a blog administrator.
ReplyDeletethe ROW and easment is SOLELY for access and egress. Selectman Sapia is clearly WRONG AGAIN.
ReplyDeleteSubstantive hand written notes on a deed are highly irregular.
ReplyDeleteSo. I'm looking at the plan Curt nicely provided for us (Thank you!) and I'm seeing the ROW for the Pappalardo's. If it pre-dates the land transfer to the Forest Society, does it or does it not still exist? I would think it does, since, without it, Pappalardo would be land-locked, wouldn't he?
ReplyDeleteAnd thanks for the explanation regarding the ZBA duties. Sumner apparently advised the Selectmen and the ZBA moderator of that. Guess he was right.
So let me get this straight...
ReplyDeletePOLICE CHIEF Consentino appropriated $1,300, that he didn't deserve, and belonged to the taxpayers of Atkinson, and nobody DID ANYTHING?
How is this possible?
Where were the selectmen?
Why isn't he in Jail?
If I did that I know, I would be in jail!
WHAT THE HELL IS GOING ON? AND WHY HAVEN'T WE HEARD ABOUT THIS BEFORE?
A former selectman stated that Kalman represented the selectmen only. At the very next BOS meeting it should be brought out as to Kalmans duties and just who the hell is representing the town in legal matters in each and every aspect of all the towns committees and boards . How can a town operate with out the knowledge and assurance of legal representation for its citizens and the overall government ?
ReplyDeleteBy way of explanation:
ReplyDeleteThe state built a new bridge over the B&M RR and the river on rt 121 at the Plaistow/Atkinson town line. The New bridge was built to the NE of the old bridge and the old bridge was then removed. The entrances to the bridge was redesigned and therefore the DOT plan is about 1/2 mile long. All the property line reconfigurations are related to this new bridge project. The project has had numerous public hearings over the past 8-10 years and the plan has been on display at the Atkinson town hall for several years.
So who is going to run for Selectmen to start replacing the current board?
ReplyDeleteThe headless horseman, Ichabod Crane, the wicked witch of the west, Java the hut, Charlie Brown.....What the heck! It would be better than what we got right now!
ReplyDelete