The Fox and Crow Farm News
​We received a "Cease and Desist" letter on November 7th to halt all operations on our farm including the construction of our new barn and use and access of our Rabbit Barn, Greenhouse and Cabins. They are requiring we go through Site Plan Review for a business that no longer exist on our farm. Nothing being conducted on our farm currently (or even planned in the unspecified future) requires Site Plan Review.
Let me start off my offering a timeline of events and attach critical supporting documentation. This is a very complicated turn of events that has been further complicated from lack of communication and severe lack of diligence from the town and an extremely defamatory "op ed" piece, though very poorly written, from our towns Building Inspector . As a former Planning Board Clerk and a current Planning Board Member, I shared an office with and maintained a professional relationship with the town Building Inspector, as well as all members of the town office. My husband currently sits as a member on ZBA. What has evolved here is shocking. Jared and I can't not believe how we have and are being treated.
8/3/2022: The Town of Barnstead issued us our first building permit for the new barn and attached ADU. Let me start by stating that the proposed structure was not only reviewed and permitted while we were actively engaged in farming and but we were never engaged by any member of the town concerned with any of its intended use now or in the future.
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11/15/2024: We received our super "illegal" log cabin building permit. Note: there are no conditions noted. This was issued by the Barnstead Building Inspector after he signed the building permit for the barn and attached ADU. Disregard his false claims that we added the ADU later or that this was a surprise to him or anyone else at town hall. At no point were we approached about the intended use of the cabin OR whether it was a "dwelling unit" and conflicting with the already permitted ADU.
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​6/19/2023: I appeared before ZBA with my mother-in-law to get special exception for the attached ADU (apartment) to the barn. I presented the septic design to the ZBA at that time. We were not presented with any issues or concerns regarding the design plan for the structures, septic design, intended use for now or in the future. Our request for Special Exception was approved.
3/7/2024: While conducting normal and routine business as the Planning Board Clerk and a Planning Board Member, the towns building inspector become inflamed with the professional oversight by two professional engineers hired to oversee a proposed major subdivision. I was threatened to be sued for defamation by the Barnstead Building Inspector. I immediately documented the event with the town administrator, as per the Employee Handbook (I was an employee of the town at the time of this event) and was denied any sort of mediation or conciliation between us. You can see my email to the "department head" here.
4/2/2024: We appeared before the Board of Selectmen in a private meeting. We had requested in the letter dated 3/7/2024 that we would be seeking a 3rd party inspector to continue inspections and related needs for the building project on the farm. We felt like we would not be treated fairly without bias, harassment, or professionally by the Barnstead Building Inspector. The town administrator told us that this request would be handled through the Board of Selectmen. The Board of Selectmen, during that meeting, told us that we would have to submit that request directly to the Building Inspector. We did not feel, due to the volatility of the inspectors behavior, that approaching him was acceptable. We then hired our attorney to represent us and get the request for 3rd party inspection started and confirmed. We were told that not only is getting a 3rd Party Inspector common but appropriate for various reasons and our reason being legitimate to us. We requested a neighboring town inspector, at our expense, but the town chose to use MRI. Our questions on who is to pay for this expense has yet to be answered.
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Our Attorney Request for 3rd Party Inspection
8/22/2024: We posted to our farm social media page that we would be closing the farm store and we cancelled all onsite farm events and open houses. We have stated numerous times that closing our farm store was not a reaction to the Cease and Desist. I ask you to consider, given the behavior from the Board of Selectmen and the Barnstead Building Inspector and climate at town hall, would you want to pursue a future business plan? We chose to close our farm and just lay low.
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9/6/2024: We had to renew our building permit for the barn so we submitted a new application with our floor plan, designs and septic design. The ADU was already part of the original permit and was not added after. We received a signed and approved Building permit. Signed by Gary Madden (Board of Selectmen). At no point during the review of our application were any concerns or questions brought up to us about our barn plans, septic design, etc. Our septic design had been on file with the town now for almost 18 months at this point. We were never approached about our farm operations or any other structures on our farm.
10/8/2024: Our plumber submitted the application for a plumbing permit at town hall and paid the corresponding fees. He began work on the plumbing for the barn and the ADU.
10/19/2024: We hosted our final “OPEN HOUSE” event on the farm, offered 50% everything in the store and closed the farm store and our farm to the public.
10/21/2024: Since the details about how we were to retain our 3rd Party inspector had changed (we were supposed to be in direct contact and communication with our 3rd party inspector) we were now being told that all correspondence was to go through the town administrator. She was to act as the liaison between the Board of Selectmen and our Inspector. At this point we, nor our plumber, were ever notified that the Plumbing Permit had been denied. We were completely unaware that there were any issues with our barn project, our farm or our farm operations. Jared requested the plumbing inspection and left the drains open and exposed. Our septic system had been installed just weeks before this. When our inspector arrived he noted that he had just met with the Barnstead Building Inspector at Town Hall and that there were “issues” here on our farm. He refused to inspect our plumbing since our plumbing permit had been denied (first we heard of this) and claimed we didn’t even have a building permit for the barn. He made assumptions about the intended use of the barn. He wasn’t able to see our structures around the property but knew that we have a unpermitted cabin, greenhouse and rabbit barn (see our response to these issues). This inspector was from Rye, NH so clearly this list of infractions was handed to him to deliver to us. He was clearly not here for an inspection but rather to snoop. You can read his “finding” here on the timeline. I immediately documented the visit and emailed our concerns to the town administrator. She promised a response. We contacted our attorney and he tried to get more details for us. We were ignored until November 7th, when the Cease and Desist letter came. Our brand new plumbing was left exposed during this entire time despite stating the concern that it could flood and move the piping in the ground and that we were missing our deadline to pour concrete. We immediately submitted plumbing plans to the town via email.
Email Regarding the Inspection Visit
10/22/2023: I hand delivered Building Permit Applications to the town for the Greenhouse (not even 200 sq ft so we rescinded that), the cabin in the woods and the rabbit barn. I brought checks with me but they would not accept our money for the applications. TO THIS DATE THEY HAVE NOT RESPONDED TO, ISSUED OR DENIED OUR REQUEST FOR PERMITS ON THESE STRUCTURES.
Rabbit Shed Permit Application
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10/28/2024: We requested a cancellation of our business insurance policy due to closing the farm.
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11/7/2024: We received our Cease and Desist Letter and the “findings” from the “inspection” by the 3rd Party Inspector. They failed to acknowledge that we had already addressed the unpermitted structures, they failed to acknowledge that the rental use of our cabin without a “conditional use permit” was null since the actually permit document is currently still not available to the public for use and that we ceased renting the cabin, and they also failed to acknowledge that our farm store had been closed and completely liquidated and we were no longer open to the public or operating as a business in any capacity.
11/9/2024: We shared with our customers that our farm will not be reopening to the public.
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11/11/2024: Our Attorney had a chance to respond and requested that they reverse the Cease and Desist. Jared and I included our response and offered some supporting documentation about the farm being closed, cancelling our business insurance policy, and an explanation about our septic system design and the other issues. We requested to appear before the Board at their 11/12/2024 public meeting to discuss their issues with us directly.
Response to Cease and Desist Letter
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11/12/2024: We requested to sit directly in front of the Board of Selectmen to answer any of their questions or concerns. This would be the first time we would be face to face with them and we were there to resolve any issues. In this meeting we were told that they all had time to review the supporting documentation from us and our attorney. We discussed the fragility of the exposed plumbing, the time frame for pouring concrete and moving our mom into her apartment by Christmas. They had no questions or concerns to address to us directly but promised a swift response. After the meeting minutes were posted we realized that they continued to discuss our case after we had left the meeting leaving us, again, unable to respond to them directly to try to resolve their concerns or questions head on.
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Board of Selectmen Meeting Minutes
11/20/2024: We were asked to resubmit a new plumbing permit application but omit the “kitchen” rough plumbing in the application. We submitted this immediately! Mind you, the rough plumbing for the potential for a kitchen and bathroom had already been installed. We were anticipating an inspection of the plumbing so we could backfill it.
Current Plumbing Permit Application
It was stated to the town administrator that in order to have a plumbing inspection we would need to have the plumber come to fix the exposed pipes in the ground that shifted when the trenches flooded. We would need some sort of confirmation that we our plumbing permit was reinstated and that the cease and desist had been lifted in order to conduct the work on the barn.
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11/26/2024: We were told that the Board of Selectmen would meet to discuss this at their meeting.
The Board of Selectmen agreed not to reinstate our plumbing permit or lift the Cease and Desist and provided us with ZERO documentation or explanation.
12/3/2024: The Board of Selectmen were to meeting with the town attorney to discuss our Cease and Desist letter. We were hopeful for some sort of update or clarification. We were told they weren’t able to meet with the Attorney but would try again next week. We still had not received a response to our 11/11/2024 letter.
12/4/2024: We were left with no other option than to appeal the Cease and Desist from the Board of Selectmen. Our entire packet for the appeal is attached here.
12/12/2024: Just days before our ZBA appeal we received a rescinded Cease and Desist from the town. As of today, we still do not have a single permit. We are still unable to move forward and are being ignored by the town.
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12/13/2024: This clearly did not sit well with the Barnstead Building Inspector, the antagonist. He shared a wild and poorly written "op ed" piece to the town of Barnstead's Community Social Media Page, a page of over 10,000 followers.
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Now, let me begin by stating that the state of New Hampshire has a defamation law for a reason. It's one thing to spout off your hurt feelings in public, though frowned upon from adults, it's another thing to knowingly make false statements about a person(s) and/or their businesses to cause them personal harm.
The Barnstead Building Inspector shares an office with the Planning Board and Zoning Board Clerk and is able to ask questions, seek facts or even attend meetings. Making false statements, assumptions and not knowing the facts is severe negligence on his end. The town should consider disciplinary action for what he has done.
We have been very careful in terms of not using names or making claims or accusations. We stick to the facts and the facts are plenty and easy to understand the "bigger picture" without whining and throwing a public temper tantrum.
We were very concerned that we would not be treated fairly, honestly and respectfully by the Barnstead Building Inspector, and his admission to participating in the cease and desist in his public statement confirms that we were being treated with bias and harassment vicariously through the Board of Selectmen.
The Board of Selectmen had an obligation to "turn down the heat" and protect the public's interest. This is not the case. They denied my request for mediation. I was never allowed to meet with the Board of Selectmen or the Building Inspector directly, despite my request to do so, to attempt any form of resolution.
They ignored our concerns and reasonable request to put distance between us and the Barnstead Building Inspector. They ignored our attempts to come into compliance and rectify our "violations" here.
For those of you concerned about your Tax Money being used for this case, let me explain this to you:
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We requested a fair, non-bias approach with the town long before hiring an attorney. They ignored our request.
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We requested a local building inspector, at our expense, and the town chose MRI.
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We were asked that we be treated without bias and harassment from the Barnstead Building Inspector. The town knowingly ignored that request and allowed it to go on. (now confirmed by the Building Inspector himself)
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Items in the Cease and Desist were invalid and based on incorrect information.
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We did not violate the Short Term Rental ordinance.
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Site Plan Review was falsely stated as a requirement.
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The Conditional Use Permit was not completed or available to the public to use. ​
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This shows extreme examples of defamation since the Barnstead Building Inspector knows, or should have known, that these requirements did not exist. He made a statement that they were required and that we were guilty of not adhering to them.
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Let me ask: of a town of dozens and dozens of Short Term Rentals in the town of Barnstead, how many this summer had the Barnstead Building Inspector reviewed, inspected or approved? How many did Site Plan Review? How many used the Conditional Use Permit? ZERO! But apparently we were supposed to?
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None of the agricultural activities or our Farm Stand were in violation of the town and were within our right as a farm through the State of New Hampshire.​
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Our cabins are not ADU's or even dwelling units, as he so falsely claims. They have no running water, electricity, heat, septic, are not insulated for year round occupation. They do not have "dedicated sleeping, cooking or sanitation" as per the definition in the Zoning Ordinance.
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If this is the case, one would ask, why would we be permitted a cabin and an ADU by the same person claiming violation? He signed both building permits.​
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There is zero evidence that we have taken a building permit for one thing and used it for another.
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Our log cabin was not permitted with "conditions" and has not been rented out to the general public.
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Septic Systems are NOT required for structures where pressurized water is absent.
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NHDES does not require a permit, nor does the town of Barnstead, for Privy's (latrines, outhouses). We are not in violation of that either.
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As a professional Septic Installer, Health Officer and Code Enforcement Officer, one would expect the Barnstead Building Inspector knows this. ​
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We have and will continue to work diligently and in good faith with the town to try to move forward, however, the town is not acting in the same capacity for us.
Despite lifting the cease and desist they have still not provided us with a Plumbing Permit for the barn or a building permit for the Windfall Cabin. We are not able to obtain a plumbing inspection so we can backfill our trenches and exposed piping since we do not have a plumbing permit.
Due to the defamatory post made by the Barnstead Building Inspector and his admission to colluding with the former 3rd Party Building Inspector and Board of Selectmen with regard to our Cease and Desist, we simply asked that we be assigned new neutral 3rd Party Building Inspector. The town, astonishingly, has not honored our request.
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That says it all, in my opinion.
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12/20/2024: We finally received a Building Permit for the Rabbit Shed. We are not sure whose signature that is on the permit but it looks to be the Barnstead Building Inspector, the one that recused himself. The inspector we asked to be removed from our projects here on our farm due to bias and harassment. The inspector who so publically shared his bias and disdain towards us on the towns Community Social Media Page. In an attempt to develop a new relationship with a neutral 3rd party inspector who has not been working in direct relationship with the Barnstead Building Inspector, it seems the town is not willing to ensure we have that privilege. All we have asked of the town is to allow us to work with a neutral 3rd party inspector, free from bias and harassment. We applied for the building permit for this rabbit shed on 10/22/2024. It has taken 2 months to get the permit. Notice the conditions "not to be used / converted into a dwelling unit." Do they write that on your building permits for shed or is that just for us?
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