On Aug. 21, the Town of Peterborough filed suit against the two of us. The lawsuit was signed by Town Administrator Rodney Bartlett and Town Counsel John Ratigan, NOT by the Select Board. Days after that, we learned unofficially that we were being sued. We contacted Select Board members on Aug. 29 to ask why the town was suing us. The responses included “I’m not aware of it” and “This is the first I’m hearing this.” Incredibly, the Select Board had to learn about a town lawsuit from the town citizens getting sued!
In its lawsuit, the town is arguing that Zoning Amendment 15 should be thrown out because it should have been two separate amendments, rather than one amendment. But the Town had already raised that argument when responding to the court filing against the protest petitions, so why sue us as individuals?
We both are part of the group that put Zoning Amendment 15 on the ballot, and we are part of the group that has asked Hillsborough County Superior Court to determine whether the protest petitions against Zoning Amendment 15 are valid. The town is a party to that case, but it is really a dispute between citizens who want to decrease the now allowable “new urbanism” density in the parts of town on water and sewer (or where water and sewer can be extended) and citizens who want no change in that zoning.
Certain Planning Board members fought hard against Zoning Amendment 15. Now the Select Board has joined that fight. They are fighting for multi-family density of 16 units per acre in the General Residence District – four times the density that was allowed before and denser than anything allowed in Keene, Milford or Nashua. In much of the Family District and even in parts of the Rural District they are fighting for one-eighth acre lots and ten-unit apartment buildings.
Why is the Select Board using taxpayer money to attempt to thwart the will of the majority, in support of zoning provisions that were rejected by voters because those provisions would radically change the character of our residential neighborhoods?
It is improper for the town to expend taxpayer money on behalf of one group of citizens (the people who signed the protest petitions) against the majority who voted for Zoning Amendment 15.
The Select Board said they would remain neutral in this dispute, but they have broken that promise by filing suit.
The board lectured the town about divisiveness and the need for us all to work towards engagement and understanding and not to take new actions.
How does suing two townspeople promote goodwill and trust in the town’s intentions?
Their action only makes us more mistrustful of the town and more concerned about a serious lack of transparency and open communication between town government and the people it is supposed to be serving.
What else is happening behind the scenes that deserve some scrutiny?
We continue to ask why the town would sue two citizens over this zoning matter.
We don’t speak for the 778 people who voted for Zoning Amendment 15.
Is this some kind of legal tactic?
Is it meant to be intimidating and bullying?
Is town administration trying to send a message that anyone signing citizen petitions that challenge the town will risk retribution and payback, like a lawsuit?
Is this essentially a SLAPP suit (“Strategic Lawsuit Against Public Participation”) to discourage others from questioning town authorities and their decision-making?
It was outrageous when the town administrators presented the protest petitions at the end of a May Select Board meeting after the public and reporter had left. It is even more outrageous for the town administration to sue citizens of the town without notifying the Select Board, which prompts the question: Who is actually running the town?
The two of us were served by the Sheriff on Sept. 6, so we now need to hire an attorney, pay that expense, and file a response with the court.
What the monetary cost will be to the Town and whether that is how taxpayers want the Town to be spending their money is an open question.
But beyond the monetary issue, what is the cost to all of us with respect to issues of trust and transparency in town government?
Loretta Laurenitis and David Bonacci live in Peterborough.