If anybody is interested in the details, the SpeakoutDanville discussion is HERE.

Like many NH communities, Danville has a “customary home occupation” provision in its zoning ordinance. If you don’t go above threshold provisions, such as number of employees, customers visiting, you need to register with the selectmen but you don’t need “permission”. If you surpass the thresholds, you need to seek a special exception from the zoning board of adjustment.

Ask Mr Springer about the witch hunt local
officials in Danville ran two years ago, looking for “illegal” apartments in town. If I’m not mistaken, Selectmen used information gleaned from town police, fire and the assessor to put together a hit list. Danville is no different than Keene! Especially in an economy such as this, the people have a right to open home businesses and rent space in their homes to relatives and friend, without having to beg permission from bureaucrats What are the folks supposed to do, they didn’t send all the good jobs offshore. They’re just trying to take care of their families as best they can and exert a little economic independence. We all know if time get really tough, your town isn’t going to bail you out.

Dennis Herrick
Plaistow, NH Town Crier

Nick,
What if your approach doesn’t work. Then what? In our town, Danville, we don’t have a code enforcement officer. People do mostly work stuff out, then they go to the town as a final resort. The selectmen will call the guy in, but it really is just a little more friendly persuasion as everyone knows we don’t have the resources or even the inclination to nail people. Maybe Danville is “freer” than Keene. :-). With all that friendly persuasion, some people still don’t cooperate. They say they will, but they don’t.

In my own case, I own some woodland (miles from my house) that has been in my family since 1845. Some people built a house right next to my property line, then they built a chicken coop on my property. I have been trying the friendly persuasion route and have gotten nowhere. The people acknowledge they shouldn’t have done it and that they will move it but it never happens. A year ago I gave a conservation easement to a land trust. Now they will have to deal with this. I also have a friend of these people involved. I have asked the land trust to delay their first formal annual inspection in hopes we can get the people to move the thing. But I won’t be surprised if the land trust eventually takes them to court to enforce their right to ensure that the property has no structures not associated with timber management or other permitted uses.

First, talk with the neighbor directly and express her concerns. Too often, people will call the authorities to handle these disputes. When people are threatened by the authorities, their reaction to the situation will usually be negative. Or, as in the case, the authorities are not effective or slow and inefficient.

If the neighbor does not respond to her concerns, she could talk with her other neighbors and ask for their help. More people making simple, friendly requests will be more persuasive. Approaching the offender in a friendly manner will go a long way to achieving an amicable solution.

Most people are fairly easy to deal with, once a line of communication has been established.

So how should she deal with this problem? Suppose she tries to reason with her neighbor about his refusal to honor her right to traverse his property, and the effects of his home business on the quiet enjoyment of her own property. What if he does not respond? What should she do?

Some practical advice:

Any administrative decision or action that is based on local land use regulations (e.g. zoning) can be appealed to the zoning board of adjustment (ZBA). They can hear the facts and make their own decision, based on the facts and the law. If they don’t agree with the action or decision it is overturned in favor of the applicant. That’s why it would be good for Ian to figure out if the couch ticket is based on zoning or something else. It wouldn’t apply in Tina’s case because you can appeal an action, but not inaction.

Regarding the blocking of a private right of way, that would be a civil matter out of the purview of code enforcement.