Letter: Portsmouth's ruling on Bill's Sales a travesty of justice

Posted 10/11/15

To the editor:

The recent Portsmouth public hearing relating to the Bill’s Sales noise variance was disappointing and unacceptable. From the beginning it was obvious that the several members …

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Letter: Portsmouth's ruling on Bill's Sales a travesty of justice

Posted

To the editor:

The recent Portsmouth public hearing relating to the Bill’s Sales noise variance was disappointing and unacceptable. From the beginning it was obvious that the several members of the Town Council were biased in favor of Bill’s Sales. The Town Council is elected to represent the best interests of all residents, not just a chosen few. 

Mr. Waring purchased his home in 2003 well aware of the neighboring business, Bill’s Sales. He was able to live peaceably with the existing business until a special use permit was approved in 2010. This permit allowed Bill’s Sales to construct a larger building but clearly stipulated that “the proposal will NOT cause a nuisance or hazard.” Numerous times over the past six years, Mr. Waring brought to the attention of the police chief, Town Council and Municipal Court the increased noise coming from Bill’s Sales. Little to no relief was provided to him by these efforts. 

During the Town Council meeting the attorney for Bill’s Sales suggested that this business cannot survive without this variance. No evidence was submitted to support this opinion. Absolutely no one, including Mr. Waring, wanted Bill’s Sale to close his business or move out of town as claimed at the hearing. There are other ways to reduce noise to provide relief for surrounding residents but the Town Council failed to investigate any alternate solutions offered during the hearing. 

Unfortunately these hearings require the hiring of attorneys that many residents cannot afford including Mr. Waring. Also these hearings have become boisterous and disrespectful. Mr. Buddemeyer’s comments to Mr. Waring were disappointing, unjustified and unacceptable. For an elected official to ridicule any resident who speaks at a public hearing is intolerable. While you may not agree with the testimony, it was inappropriate for any speaker including an elected Town Council member to comment in such a manner. 

Town employees and council members are making arbitrary decisions irrespective of ordinances or facts. Many issues are decided behind the scenes without any public input. Residents rely on town officials to enforce ordinances and protect the quality of life for each and every resident. By failing to enforce the ordinances established to protect us, the council is increasingly forcing citizens to hire attorneys to get their voices heard.   

Nancy Howard

16 Dianne Ave.

Portsmouth

Editor’s note: On Oct. 3, the Portsmouth Town Council voted to grant Bill’s Sales a sound variance to the town’s noise ordinance, allowing the business a 75-decibel limit from 8 a.m. to 5 p.m. Monday through Friday; and from 9 a.m. to 4 p.m. on Saturday.

Bill's Sales, Portsmouth Town Council, noise ordinance

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