Homeowner may face legal battle from town
By Caitlyn Kelleher Journal Staff Reporter

Town officials are preparing to take legal actions against a Hasting Road homeowner after months of silence.

Planning board members contacted the owner of 262 Hasting Road, Steven Bates Jr., for the first time in June 2005 after noticing a violation of the scenic road bylaw. The planning board claims that Bates, or someone acting under his authority, demolished the rock wall in front of his home, which under the bylaw is illegal.

The board is also upset by the violation of a general bylaw in Chapter 11 of the town's regulation that prohibits slit and drainage from coming into public roadways.

"(The runoff) is going into the road," said Town Planner Eric Smith. "Some of the bounds were disturbed."

Selectman Chairman Jonathan Dennehy was adamant at the board's Nov. 20 meeting that legal steps should be taken as soon as possible. He said not taking action is the same as condoning the violation and it sets a bad precedent.

Interim Town Administrator Paul Bouchelle told selectmen at their Nov. 20 meeting that he'd sent out a first class certified letter and a letter delivered by the constable to the Hasting Road property.

Bouchelle said this was so that there is no doubt every effort was made to contact the homeowner.

Bates met with the planning board in November 2005 after the board first approached him to deal with the violations. Smith said it appeared that the board and Bates came to an agreement that he would submit a plan to solve the problem in the spring.

"We realized he couldn't do construction in the middle of winter," Smith said.

The board did not hear from Bates during the spring and sent a follow-up letter on Sept. 21, 2006. The certified letter was not picked up from the post office and the town followed up by sending a letter through FedEx, Smith said. Smith is not sure what happened to the FedEx letter.

Bates didn't return a message from The Community Journal.

The last letter was sent from the town on Nov. 8, with a 10-day period to contact the town. Smith had not heard from Bates by Nov. 27.

Town counsel is now drafting the legal documents to take the case forward.