Public History of Bauchman
Towing and the Town of Windham
Last updated:
February 17, 2010
Written
by Heath Partington
This
is the history of Bauchman Towing in Windham, NH as
we know it. If any of the historical
data is not accurate please notify us at nowwindham@gmail.com
so that it may be updated. I intend to
update this history as it unfolds so if you are interested in how things are
going check this link again. The
original timeline data from 1993 to March of 2008 was provided by Al Turner
(the planning director until 2008) in 2008 and is part of the public file at
the planning office in Windham. The
history during that time may have been edited due to additional information
becoming available or apparent.
Legend:
BLUE – supporting documentation including pertinent court cases
GREEN – Town of Windham Board meetings (Selectmen, Planning,
Zoning)
ORANGE – Town of
Windham meeting video originally aired and recorded by WCTV. These videos are only the portion of the
meeting regarding Bauchman Towing. Complete videos of the entirety of the
meeting can be acquired from WCTV.
YELLOW – Press coverage from the Eagle Tribune
RED – editorial
data; these are thoughts residents or myself might have on the subject which
may carry potential bias. The thoughts and views of the authors of these
sections are not necessarily the thoughts and views of the Neighbors of Windham
or this website.
Year index: 1993 | 1995
| 1997
| 2001
| 2002
| 2006
| 2007
| 2008
| 2009
| 2010
-
November
- Mr. Bauchman purchases the property at 120
Haverhill Road. What the property looks like in 2009
-
April
- The Town of Windham sends Mr. Bauchman a zoning
violation letter because he is running a towing business on that property and
is storing large towing trucks outside.
-
November
– The Town of Windham serves Mr. Bauchman with a
court petition to stop towing related activities and storage of towing vehicles.
-
March
- The Superior Court rules that Mr. Bauchman can
store 3 towing vehicles on his property and that no business is running on that
site and that all towing related activities are done offsite.
This allows Mr. Bauchman the ability to respond to
towing calls during the night without driving to get his trucks at a secondary
location. March
10, 1997 Superior Court Ruling.
-
November
- The town of Windham issues a zoning violation to Mr. Bauchman
for running a commercial auto repair business and for construction of an
additional storage building on the property without a permit.
-
December
- Mr Bauchman writes a
letter to the Town of Windham stating he will make the corrections necessary on
his property and his business to comply with all regulations. Apparently he
does not make these corrections.
-
March
- The Town of Windham sends another zoning violation to Mr. Bauchman
for running a commercial auto repair business and for the construction of a
storage building without a permit.
-
April
- Mr. Bauchman writes a letter informing the Town of
Windham that that he has hired Attorney Mason and Herbert Associates to bring
his property into compliance
-
June
- Mr. Bauchman verbally informs the Town of Windham
that he no longer repairs vehicles at that site and that he is in compliance
with the 1997 court order that allows him to store 3 towing related vehicles
but not run a business there. Whether he complies for a short time or not is not part
of the record but it doesn’t stay that way.
-
March - Mr. Bauchman applies for use variances to build an additional
commercial building with the Zoning Board of Adjustment. He testifies at
that meeting that he is running a towing business on that property; has 4 employees;
8 tow trucks and is storing towed vehicles at that
location. March
28, 2006 ZBA Minutes
-
April
- The Town of Windham sends Mr Bauchman
a letter citing zoning violations for running a towing business on his property.
-
June
– 7 residents that live on Galway Road submit a petition requesting the
planning department to enforce the zoning ordinance at 120 Haverhill Road where
a towing business is being run.
-
June
– Mr. Bauchman withdraws his Zoning Board use
variance request to build a 50’ by 60’ garage.
-
August
- The Town of Windham sends Mr Bauchman
a letter threatening legal action for violating the zoning ordinance by running
his towing business at 120 Haverhill Road.
-
October
The Town of Windham turns the case over to town counsel for legal action
-
November
The NH Superior court issues an order to stop Mr. Bauchman from towing or accepting vehicles at 120 Haverhill
Road. He has 30 days to remove all vehicles other than his personal
vehicles from the property. He cannot repair vehicles on that property.
-
January – Mr Bauchman shows up in front of
the Planning Board for a site plan review.
The board indicates that the towing business and auto repair business is
not an allowed use in the rural zone and he needs to go to the Zoning Board of
Adjustment. January 3, 2007 Planning Board Minutes
-
September
- Herbert Associates submits a plan for compliance with the zoning ordinance
for Town review on behalf of Mr. Bauchman. The
Town sends the plan back to Mr. Bauchman with
extensive comments – it does not address the zoning violations.
-
October
- Superior court grants permission to Mr. Bauchman to
pursue use variances through the Windham Zoning Board of Adjustment provided he
does not further delay the enforcement process.
This
was more than 2 years ago.
-
October
Mr. Bauchman applies for use and area variances that
do not address the existing zoning violations.
-
November
- The Town of Windham sends Mr. Bauchman a letter
indicating that his application does not address the existing zoning
violations.
-
December
- Mr. Bauchman withdraws his application to the
Windham Zoning Board of Adjustment.
-
February
- Mr. Bauchman applies for use variances that would
allow for both a commercial towing business and an automobile repair business
at 120 Haverhill Road.
-
March
11 – Eagle Tribune: Tow company wants to expand
operations
-
March 11 – The Windham Zoning
Board of Adjustment grants Mr. Bauchman a use
variance to allow a towing business at 120 Haverhill Road with 10 towing
related vehicles. March 11, 2008 ZBA Minutes March 11, 2008
ZBA video (191 minutes) Eagle Tribune: Windham zoning board OKs towing
operation
-
March 28
– Marc Sneider and the neighbors sue the Town of
Windham over the March 11th ZBA decision.
-
April 8 – The Windham
Zoning Board of Adjustment denies Mr. Bauchman a use
variance to allow an auto repair business at 120 Haverhill Road. April 8, 2008 ZBA Minutes April, 8, 2008
ZBA video (111 minutes) Eagle Tribune: Windham board rejects expansion of
towing firm Eagle Tribune: Business owner claims Windham
zoning board made mistake
-
October –
The Superior Court rules in favor of Marc Sneider and
the neighbors. The order indicates that
the decision of the Zoning Board of Adjustment in March of 2008 was
incorrect. “It is clear from the record
that the ZBA misunderstood the status of the Bauchman
property when it considered the use variance”.
The order indicates that no business should be run out of that property
and references the 1997 court order indicating that Mr. Bauchman
is only allowed the storage of 3 commercial vehicles on the property. October 3, 2008 Superior Court Order Eagle Tribune: Windham residents applaud ruling
against tow company operator
-
July – The Supreme Court upholds the Superior Court Decision of 2008 in
favor of Marc Sneider and the neighbors. July 31, 2009 Supreme Court Ruling
-
September – Attorney Clark (counsel for Marc Sneider
and the neighbors) contacts Attorney Campbell (counsel for the Town of Windham)
asking that his client be kept in the loop regarding any movement in the Bauchman issue.
-
October – Attorney Campbell (counsel for the Town of Windham) indicates
verbally to Attorney Clark (counsel for Marc Sneider
and the neighbors) that a purchase and sales agreement has been entered into by
Mr. Bauchman with a December closing date.
-
October – Attorney Cronin (counsel for Mr. Bauchman)
indicates to the Town of Windham that a closing date of March 31 2010
is the closing date indicated in the purchase and sales for 2 Enterprise Drive
in Londonderry. We are never notified of this change.
-
October – Laura Scott agrees to give Mr. Bauchman
until March 31, 2010 in order for him to get the necessary approvals for his
property in Londonderry. We are never
notified of this change.
-
November – A handful of Windham residents call into the Windham
Community Development Department and learn that the Town has entered into a
verbal agreement with Mr. Bauchman which will allow
him to run his illegally operated business at 120 Haverhill Road until March 31st. The reason Laura Scott gives for this date
is that there is no reason for the town to enforce the court order because Mr. Bauchman is moving his business to Londonderry anyway.
-
November 22 – Twenty one Windham residents sign a complaint letter to
Laura Scott the Community Development Director and acting code enforcement
officer for the Bauchman property. November 22, 2009 Complaint
-
November 23 –
Letter of complaint is brought to the attention of the Board of Selectmen by
Windham resident Heath Partington. It is
indicated that this would need to be discussed in non-public as it pertains to
an ongoing legal issue. Some board
members disagree. (Minutes not yet available) November 23, 2009 BOS Video (5 Minutes)
-
November 30 – Laura Scott learns that a plan has not been filed for 2
Enterprise Drive with the Londonderry Community Development Department to date
and that according to the Londonderry Planning Department it would take a
minimum of 6 months and up to a year for a site plan review to occur once a
plan is filed.
-
November 30 –
The Board of Selectmen meet in a non-public session after a brief public discussion
regarding putting the item on the next meeting’s agenda. November 30, 2009 BOS Minutes November 30,
2009 BOS Video (4 Minutes)
Eagle Tribune: Windham residents fight towing company
-
December 7 - A
signed agreement (signed by Mr. Bauchman
and Laura Scott) is presented to the Board of Selectmen by Laura Scott. Some members of the board question the
content of this agreement and indicate a want for it to be amended. December 7, 2009 BOS Minutes December 7,
2009 BOS Video (70 Minutes) Eagle Tribune: Harsher action
wanted against Windham firm
What is wrong with this agreement?
-
December 14 –
Town of Windham counsel (Attorney Campbell) briefs the public on the status of
the case at the Board of Selectmen meeting.
He indicates that he has recommended to the Board of Selectmen that
Laura Scott’s signed agreement with Mr. Bauchman of
December 7th not be rescinded or amended. None of the board members offer additional
information to address the repeated complaints of Windham’s residents. Board of Selectmen chairman Galen Stearns
refuses to allow any public input. When
asked why he isn’t allowing public input on an agenda item he tells the
residents “this is my meeting”. December 14, 2009 BOS Minutes
December 14, 2009 BOS Video (17 Minutes)
-
December 18 – Marc Sneider and the neighbors
file another suit with Superior Court against the Town of Windham. The Objection alleges that the agreement
(filed with the courts as a Stipulation) “contravenes the law and decisions of
the court” and should be “declared null and void”.
-
January 26 – Marc Sneider and the neighbors
are granted intervenor status in the enforcement
Superior Court case between Town of Windham and Mr. Bauchman.
-
January 26 –
Marc Sneider and the neighbors appeal the
administrative decision of Laura Scott and the agreement dated December 7, 2009
to the Windham ZBA. The Windham ZBA
votes to deny the appeal. January
26, 2010 ZBA Minutes
January 26,
2010 ZBA Video
-
January 29 – Nothing has been filed with the Londonderry Community
Development Department for 2 Enterprise Drive.
-
February 16 – Superior Court judge refuses to make the December, 7,
2009 agreement an order of the court which would have closed the enforcement
court case. The judge won’t hear the
open case until a request for rehearing is heard by the Windham ZBA regarding
their January 26, 2010 decision.
-
February 17 – Eagle Tribune: Windham neighborhood group ready to sue
town