Name: Dispute between Monadnock gun club, Peterborough headed to state's high court
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Dispute between Monadnock gun club, Peterborough headed to state's high court

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Skip to main contentYou are the owner of this article.Edit ArticleAdd New ArticleYou have permission to edit this article.EditHomeLocal newsState newsObituariesE-editionHealth Reporting LabLocal sportsOpinionCommunityContact UsPuzzlesElf WeeklyPhotosSubscriber servicesNewslettersSentinel EventsCalendarMagazinesClassifiedsNational and worldArchives through 1945ContestsHousing helpJobsAdvertisingThe N.H. Supreme Court has agreed to hear a combined series of civil cases the Monadnock Rod and Gun Club brought against Peterborough officials after a lower court ruled in the town's favor this summer.The Sept. 28 decision to hear the case follows the club's appeal of a July 28 ruling by Judge Amy Messer in favor of the Peterborough planning and zoning boards and an Aug. 28 denial by Messer of a motion to reconsider.The dispute, with civil complaints filed in Hillsborough County Superior Court North, is tied to the club&nbsp;changing its&nbsp;range from an east-west configuration to north-south in 2015, Messer wrote in the July 28 ruling. She added that the organization didn't apply for permits or file for a site plan review for this change, which included adding a berm and a shed. The club encroached onto the property of Scott and Bridgette Perry by constructing the newly oriented range, Messer wrote.The club,&nbsp;on Jaffrey Road in Peterborough, was founded in 1947, according to its website.At the polls in May 2019, Peterborough voters passed a zoning ordinance banning outdoor shooting ranges. This ordinance became problematic for the club when, in September 2021, it submitted an application for a site plan review to the town's planning board for a new east-west range to replace the north-south one, according to Messer.The planning board asked Tim Herlihy,&nbsp;Peterborough’s code enforcement officer, to decide whether the proposed range&nbsp;— to be built on the same site&nbsp;— was grandfathered in as a "legal non-conforming use," Messer wrote.Herlihy determined that because the old range had been reoriented&nbsp;without town approval in 2015, the new range would therefore be unlawful under the 2019 ordinance, according to previous Sentinel reporting.The club appealed to the zoning board of adjustment in December 2021, which affirmed Herlihy’s decision.Club argues due process violationIn the club's July 2022 court complaint, its&nbsp;attorney, Kerry Dowd, said the club was not informed, in advance, of Herlihy's deliberations, and not allowed to present evidence before he issued the decision. Additionally, he&nbsp;said Herlihy violated the club's due process rights under the N.H. and U.S. constitutions."In a quasi-judicial process, parties directly affected are entitled to notice and hearing prior to a final determination making factual adjudications and interpretations of local ordinances that directly affect property rights," Dowd wrote. He added that Herlihy had no legal authority to administer the decision.Messer, however, ruled that Herlihy acted within his authority by considering the land's historical use and Peterborough's ordinance on non-conforming use. Messer added that Herlihy issued a written opinion, and the club had an opportunity to appeal it.In its April 2022 complaint, the club argued that the administrative decision was unlawful because the organization changed the range's direction but not the underlying use of the site."In terms of the original area owned by the Club, there was no change in use, and the continued use of the premises for an outdoor shooting range is grandfathered, regardless of whether sportsmen pointed their firearms in a different direction," Dowd wrote. He also said the town does not require permits to change the direction of shooting, and that Herlihy did not cite an ordinance mandating approvals to change the orientation.Messer ruled in favor of the town in this issue as well, saying the north-south range "required more than a mere change in direction."“It would certainly be ill-advised to allow an entity to benefit from a grandfathering clause despite having flouted its obligations to obtain Town approval before moving ahead with changes that require ZBA or [planning board] approval,” Messer wrote. “This would essentially invite landowners or developers to decide it is better to beg for forgiveness than to ask for permission.”Two other complaintsIn March 2022, the club applied for a special exemption from&nbsp;the zoning board, which denied this request that June, saying it didn't have the jurisdiction to grant it before hearing more evidence or testimony, Messer wrote. She added that the zoning board also denied a motion for rehearing that August, prompting the club's second complaint later that month.According to Messer, the club argued the zoning board was mistaken in its determination that it did not have jurisdiction to hear the application. Messer ruled in the zoning board's favor, agreeing with its finding that it could not have legally approved the application even if it continued the hearing.The final complaint stemmed from a June 2022 planning board decision denying the club’s September 2021 site plan application.“[Planning Board] Chairman Rich Clark informed the petitioner during the November 8, 2021 meeting that because&nbsp;[Code Enforcement Officer] Herlihy issued an administrative opinion finding that the petitioner’s east-to-west range was not grandfathered, the [planning board] could not act on the application until the ZBA decided upon the appeal,” Messer wrote. She added that the club did not offer any arguments as to how the planning board acted unreasonably or unlawfully.The complaints were consolidated into a single case in September 2022, according to a motion to consolidate submitted by the town of Peterborough.The Peterborough Town Administration office did not respond immediately to a message left by The Sentinel on Thursday afternoon. A representative for the Monadnock Rod and Gun Club did not respond to requests for comment this week while Dowd declined to comment.Christopher Cartwright can be reached at ccartwright@keenesentinel.com or 603-352-1234, extension 1405.Log InKeep it Clean. Please avoid obscene, vulgar, lewd,racist or sexually-oriented language.PLEASE TURN OFF YOUR CAPS LOCK.Don't Threaten. Threats of harming anotherperson will not be tolerated.Be Truthful. Don't knowingly lie about anyoneor anything.Be Nice. No racism, sexism or any sort of -ismthat is degrading to another person.Be Proactive. 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Skip to main contentYou are the owner of this article.Edit ArticleAdd New ArticleYou have permission to edit this article.EditHomeLocal newsState newsObituariesE-editionHealth Reporting LabLocal sportsOpinionCommunityContact UsPuzzlesElf WeeklyPhotosSubscriber servicesNewslettersSentinel EventsCalendarMagazinesClassifiedsNational and worldArchives through 1945ContestsHousing helpJobsAdvertisingThe N.H. Supreme Court has agreed to hear a combined series of civil cases the Monadnock Rod and Gun Club brought against Peterborough officials after a lower court ruled in the town's favor this...

Dispute between Monadnock gun club, Peterborough headed to state's high court

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