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Monadnock Rod and Gun remains under cease and desist order

  • The Monadnock Rod and Gun Club has been issued a violation notice for several wetlands and code violations from the town of Peterborough. Staff photo by Ashley Saari



Monadnock Ledger-Transcript
Wednesday, September 05, 2018 5:39PM

Peterborough officials have yet to disclose the findings of a search warrant on the Rod and Gun Club, intended to discover whether the club was violating the town’s zoning ordinance and wetlands restrictions, according to the club’s attorney.

On July 25, Peterborough police accompanied wetlands scientists onto the Monadnock Rod and Gun Club property, executing an administrative search warrant from the Jaffrey District Court. According to a press release issued by the town of Peterborough at the time, the purpose of the search was to “determine the existence and extent of violations of the town of Peterborough’s zoning ordinance, site plan review regulations and state building code and other applicable laws.”

Monadnock Rod and Gun Club’s attorney, Penny S. Dean, said in an interview Tuesday the club has not received either a written report or other notice of the results of that search.

“Nothing, nothing, nothing,” she said. “We can’t dispute a report if we haven’t seen it.”

According to Peterborough Office of Community Development Administrative Assistant Laura Norton, the report is still being compiled.

The club was issued a cease and desist order on June 27, in a letter by Peterborough Code Enforcement Officer Tim Herlihy. The order alleged the club had expanded a firing range without approval by the code enforcement officer, building permit or site plan review, filled wetlands without permits and approvals, handled, processed or disposed of lead in the town’s groundwater protection overlay district.

To correct the issues, the cease and desist order required the club apply to the Zoning Board of Adjustment for variances to allow the continued use of the firing range building. If those variances were to be approved, the club would also need to get approval from the code enforcement officer, undergo a site plan review and obtain a building permit.

The club was given a deadline of July 30 to comply.

As of this week, the club has not filed any applications with either the Zoning Board of Adjustment or the Planning Board for variances or a site plan review process, according to Peterborough Community Development Director Peter Throop.

The club has also not appealed Herlihy’s administrative order to the Zoning Board of Adjustment, according to Throop.

Dean would not comment on whether or not the club plans to apply for variances or site plan review, or whether it would appeal the decision. She also declined to confirm whether the club had been operating since it was served with the cease and desist order.

According to the cease and desist order, part of the alleged expansion of the firing range has encroached onto a lot next to the Monadnock Rod and Gun Club property, onto the neighboring lot, belonging to Scott and Bridgette Perry.

Currently, the club and the Perry’s are involved in a civil suit over ownership of the land.

“Until we have the Perry suit settled, a lot of these other things can’t be adjudicated,” Dean said.

The case was set to be reviewed in the Manchester Superior Court last week, Dean said, but was pushed off due to delays in court scheduling, and is now set to be heard on Nov. 19.

Ashley Saari can be reached at 924-7172 ext. 244 or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT.