The Jaffrey Zoning Board declined to hear an appeal of an administrative decision regarding a neighbor dispute over a backyard racetrack.
Robert Aho, of 11 Sunset Lane, filed the appeal after multiple complaints to various town departments and the Conservation Commission over the dirt track on his neighbor’s property at 10 Sunset Lane. Aho alleges his neighbor is violating setbacks from wetlands, the riverbank and the property line.
The property is owned by George May and Meghan O’Neil, according to property records, and the track is used by O’Neil’s 15-year-old son, who is involved with the racing circuit at Monadnock Speedway. According to Meghan O’Neil, the track was created by her son driving in circles with four-wheelers, and later, cars, until the area was dirt.
Aho has previously raised the issue with Code Enforcement Officer Rob Deschenes, the Police Department and the Conservation Commission. Deschenes said that he had reviewed maps of the property and satellite images of the track taken in 2022, and did not find any setback violations. Police Chief Todd Muilenberg informed Aho that the town’s noise ordinance only enforced quiet hours between the hours of 10 p.m. and 7 a.m. in residential districts, and that it is not illegal to drive vehicles on one’s own property.
The appeal request was made specifically regarding a letter sent to Aho from Town Manager Jon Frederick on Oct. 7. In the letter, Frederick said the town had consulted with the police, code enforcement officer and prosecutor and did not find any violation.
“We see nothing that would warrant zoning or conservation violations, nor a reason to issue a cease and desist order,” Frederick wrote.
ZBA Chair Walter Batchelder explained that the Zoning Board is bound by state law in what can be considered an “administrative decision” for appeal. He said Frederick’s letter doesn’t qualify.
“The problem for you is that the town manager’s letter of 10/7/2025, giving you his opinion about what the circumstances were that you were involved with, is an opinion letter, not an administrative decision,” Batchelder said. “And the town manager is not an administrative officer, for the purposes of RSA 676:5.”
Under the RSA, an administrative officer whose decisions can be appealed is any official or board that has responsibility for issuing permits or certificates, or enforcing the zoning ordinance.
“None of those responsibilities are the town manager’s,” Batchelder said. “Basically, the ZBA lacks subject matter jurisdiction to hear the appeal. So, we’re not going to hear your case today, because you’re asking us to appeal an opinion, which is not what we do.”
Aho questioned whether the decision being made in coordination with advice from Deschenes, who is an administrative officer, would make it open for appeal. Batchelder said it would not.
Batchelder said he could not offer legal advice, but said that if asked personally, he would continue discussions with Deschenes about possible violations, or to try to “find some middle ground.”
Jaffrey’s town attorney, Kelly Dowd, said it was possible there was no zoning violation to pursue, but that Aho may have a civil route through the court.
“It’s possible that a neighbor can do something that’s perfectly legal within the context of zoning but may interfere with the rights of their neighbors. So there is a private nuisance action and that’s something you could look into, but that would require getting your own counsel,” Dowd said.
Aho said Deschenes has the evidence he submitted to the Zoning Board in preparation for the appeal, which details the violations in setbacks he believes are happening, and said he would continue the conversation with him. He clarified that if Deschenes issues a formal decision on the matter, that his decision could be appealed, and the board confirmed that was the case.
The board unanimously voted to not take up the appeal.
Ashley Saari can be reached at 603-924-7172 ext. 244 or asaari@ledgertranscript.com. She’s on X @AshleySaariMLT.