Small Farmer Fights ZBA Despite Law on His Side
Small farms are under attack in NH by Planning and Zoning Boards under the influence of the EPA despite the law being on the farmer’s side.
STEPHEN FORSTER
FORSTER’S CHRISTMAS TREE FARM
349 Mt. Hunger Road, Henniker, NH 03242
Tel. (603) 428-8733 Cell (603) 496-0494
Email: sforster@mcttelecom.com
Dear Friends,
Re: Forster’s Christmas Tree Farm, Henniker, NH
Since February 7th, which was the rehearing to overrule the ZBA’s decision not to recognize Henniker’s zoning regulation and the State’s RSA 21:34-a that defines “Agritoursim,” we filed our final and last appeal to the ZBA on Wednesday, March 20th. Although our brief excellently defended and explicit in addressing the lame arguments made on 2/7, it was not unexpected when the ZBA denied us a rehearing after less than an hour of discussion and reinstalled the “cease and desist” against me for all activities.
Members Dr. Trivellini and Mr. Pagano were the only two people that interpreted RSA 21:34-a as intended by the Commissioner of Agriculture, and the Task Force who crafted this legislation. Member Leon Parker stated with respect to “ancillary” terminology that it is there for subjective judgment and that “some of us would make the judgment based on the amount of monies raised…” showing his intent to regulate and control the income that can be produced by a farm engaging in “Agritoursim.” That is contradictory to what the writers of the regulation meant it to be, and what has been outlined and permitted. The RSA allows other activity on a farm so that it can generate income in order to help the farm survive, as well as preserve the rural character of that farm.
Member Parker went on to discuss that a site plan review by the Planning Board is necessary and their “responsibility is to look at the activity that’s going to be conducted and figure out what makes sense and what’s required, in terms of limitations of size of operation and a variety of other things… whether there’s a building being built or not.” Examples sited would be a parking lot with black top, painted lines, handicapped area.
A couple of things immediately come to mind, i.e., the Planning Board would create an EPA problem, not to mention changing the rural character of the farm. It all boils down to control or a lack there of… and property rights! My fight to defend “Agritoursim” has been going on since May 2012. Win, lose, or draw, every farm that practices “Agritoursim” will be effected! This is a perfect example of the intent of local government to deny property rights, even though the law is on the side of a property owner. This could all have been avoided had there been a little common sense introduced by the Selectman of the town, who never publicly got involved as Henniker Articles dictate their authority over this matter.
I have written to you to update you regarding my ongoing battle with the Henniker ZBA since May, and to invite you to join me in a joint effort to fight local government, defend our property rights, and restore the rule of law as outlined in our Constitution. I have been fighting this battle alone. However, there are times when individuals find it necessary to gather together for a common purpose. I am heart-fully asking that all of you that receive this letter, and all of the agricultural community please join me in my effort to let the State of New Hampshire local boards know, without a doubt, that RSA 21:34-a has meat and is perfect in its scope and writing. It is not a statute that pertains to one farm in one community but all farms in every community across our State.
The writing is on the wall of how long this battle with Henniker is going to take, now entering a second year, and how expensive it has already been and continues to be. The personal financial costs to me have already been significant, while our local boards utilize taxpayers money for their fight against me and my property rights. Henniker just added another $10,000 to the legal budget to use to fight me! I have already spent my Christmas Tree and vegetable earnings sales from 2012, and extracting retirement funds for this cause alone. I never expected the arrogance of Henniker ZBA to blatantly disavow a State and Local law, showing such prejudice and bias against me.
My attorney is now preparing an appeal to file with the Supreme Court by the deadline of April 20th. I cannot do this alone, and look to my fellow farmers, land owners and tax payers to join my effort in building a fund that can be utilized for agricultural and property right issues. I have proactively opened a “defense fund” at Citizen’s Bank in Henniker entitled “Evergreen Defense Fund” in the hope you might consider a donation to my situation.
Evergreen Defense Fund/3313305301
Citizens Bank
Henniker Branch
PO Box 929
Henniker, NH 03242