Hudson - Litchfield News | November 18, 2011 - 5
You Be the Judge: Is Hudson Business Friendly?
by Doug Robinson Nashua resident William Lenehan is no different from any other entrepreneur. Having recently been laid off by his employer, he was attempting to begin a new career. He went to Hudson’s Community Development offices, and filled out the proper paperwork in an effort to obtain a Hawker/Peddler/Itinerant Vendor’s License from the town. He visited the office September 1. According to his application, the “description of goods” was the “selling of hot dogs, burgers, sausage, and meatballs.” The name of his company was “The Big Bow Wow, LLC’ of Nashua, NH.” Pretty simple stuff. Lenehan’s application stated that he was asking to be approved to locate at 5 Executive Drive, Hudson. He provided pictures of his 10-foot by 6-foot “custom stainless steel trailer” and requested that he be allowed to sell “year round-starting Sept. 2011.” His hours of operation would be 10:30 a.m.-2 p.m. daily. The application for the Town of Hudson Hawker/Peddler/
Itinerant Vendor’s License states, “If proposed site is situated on a private property, include a written statement from the owner and possessor of the property proposed to be used. This statement shall indicate consent by both the owner and possessor for the proposed use and the period of time for which consent is given.” The applicant “will go before the Board of Selectmen at their next meeting following successful completion of this application, which is forward to the Selectmen’s Office by the Zoning Administrator. If granted, applicant will be subject to all provisions of Chapter of 232 of the Hudson Town Code governing Hawker/ Peddler/Itinerant Vendors. Hudson’s Town Code states, “Includes any person, either principal or agent, who goes from town to town, or from place to place in the same town, selling or bartering or carrying for sale or barter or exposing therefore any goods…In addition, town code also requires, “a description of any stand or motor vehicle to be used, a certificate from the Zoning Administrator, written permission from the owner of the property, and hours of operation” Hudson’s Zoning Administrator, William Oleksak, on October 13, appears to have authorized the approval of The Big Wow Wow’s application by stating, “This seems to be a reasonable use for zone.” However, confusion arises on the application as the check mark on the “recommended area of the “office use only” paperwork appears to be crossed off, and a check mark has been placed on the “not recommended line. “Per the Charter 232-C, not grandfathered or is on a site plan. This could be changed by the Selectmen because it is their order. Why was this language installed. This seems to be a reasonable use for this zone.” When speaking with Oleksak, he stated that, “I asked the Town Attorney for his opinion.” When further question regarding his approval, then his crossing off his approval, then his written remarks approving this application, he stated that he had no answer, or “I don’t know” for his miscommunication on this application. When asked if he made a mistake by giving written approval, or if he meant to deny the application, he stated that he deferred to the Town Attorney. Hudson Town Code 232-C states, “The Zoning Administrator shall review the permit for conformance with site plan regulations. If the site plan does not indicate a location for that activity, it will be denied unless the Zoning Administrator determines that it falls within the grandfather status.” The request for approval of the license was sent on to the Planning Board. In a memo dated, November 3, 2011 from Oleksak to Hudson’s Town Administrator, Steve Maliza, Oleksak states, “The Planning Board gave approval for The Big Wow
vendor to occupy part of the site at 5 Executive Drive. Therefore, he does meet the criteria for the Hawker/Peddlers Licensing. Mr. Cashell will be forwarding a letter to the Board of Selectmen of the Planning Board approval.”
Planning Board members, at the November 2 meeting voted
“5 yeas, 0 nays and 1 abstention (Selectman Richard Maddox) to forward a “favorable recommendation to the Board of Selectmen, relative to the Hawker/Peddler/Itinerant Vendor’s License for 5 Executive Dive.” In addition, Hudson Town Planner John Cashell stated in his
November 3, 2011 letter to Hudson’s Town Administrator Steve Malizia stated, “… however, regarding this particular application, the above recommendation was prescribed by Town Counsel, Atty. David LeFevre. That is, Atty. LeFevre cited to staff that since Town ordinances prohibit itinerant vendors from conducting business within public rights-of-way, the applicant could only propose conducting said business activity on private property. This is, provided the subject property owner agrees to same.” An internal “staff report” dated November 2, states that “Atty.
David LeFevre proposed to staff that this application be acted on by the Planning Board in a recommending manner to the BOS. I move to forward a favorable recommendation to the Board of Selectmen relative to the Hawker/Peddler/Itinerant Vendor’s License for 5 Executive Drive, wrote Board Clerk Jordan Ullery and seconded by George Hall, the motion carried 5-0-1. Subsequent materials provided by The Big Bow Wow, LLC reflect
approval from the land owner of 5 Executive Drive, Food Service License from Nashua Department of Health and Human Services License, NH State Hawker and Peddler State License, Certificate of Liability Insurance, Driver’s License, color conceptual design of the Hot Dog cart, NH Division Department of Health Inspection, site plan and pictures of vehicle placement. According to Town Code, the Town processes, including the legal opinion from Town Attorneys, The Big Bow Wow had cleared the legal hurdles and had completed the required paperwork to be accepted as a vendor within the Town of Hudson. Once arriving at the final authoritative hurdle, having received the blessings from Community Development, Planning, Legal, as well as the authoritative bodies for the State of NH, Lenehan now faced the Board of Selectmen for the town of Hudson. The Board of Selectmen denied Lenehan’s request in less than
five minutes. During the meeting, Lenehan was not offered the opportunity to speak, appeal, or question. The decision did invite him to leave the room. After two months of personal expenses to complete the applications necessary, the Hudson Board of Selectmen denied his request to open a hot dog stand. “He attempted to appeal to the Selectmen stating that he had recently been laid off and that he was attempting to start a new life.” “It is a matter of principal and philosophy,” commented Selectman Richard Maddox. “We have businesses in town that pay taxes and support the town. I cannot say okay to a vendor who wants to come into Hudson, pay $100 and open a hot dog stand.” Selectman Roger Coutu echoed Maddox‘s response by further stating, “He would not be contributing to our tax base, and he would be taking business away from those business who do add money to our taxes. I cannot in good conscious okay a business to operate in that area that would compete with Burger King, Pano’s Roast Beef and other businesses.”
In speaking with Lenehan, he stated that he believed that the Selectmen had “decided before” he had an opportunity to apply. He expressed disappointment that he was not allowed to speak and he was disappointed that he felt he had been “railroaded.” You be the judge. Should the process be changed?
Charlie Chalk “Grampa Grouse’s”
Classic to be Republished Looking for a gift for a bird hunter? ‘Partridge Shortenin’ by Gorham “Grampa Grouse” Cross. The rare, old classic is back from the grandfather of ruffed grouse hunting! Originally printed in 1949, Upland Publishing Inc. is proud to present this very special reprint of this rare, old classic. This reprint contains photos of the “Grandfather” not included in the original, a foreword by his grandson, John Cross, and a handsome slipcase. Both the book and slipcase are bound in luxurious book linen. As it was with the original, only 100 copies will be printed! Available on or about December 1! Hardcover, slipcase, approximately 200 pages. Re-printed with permission from the Gorham Cross family by Upland Publishing Inc. Price: $65 plus $5 S&H. Upland Publishing Inc., Fairfax, VT, 802-849-9000 or email@example.com
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Historical Society Opens Hills House for Christmas Themed Tour
submitted by Joyce Hurd The Hudson Historical Society will open the first floor of the Alvirne Hills House on Saturday, November 26 from 10 a.m. to 4 p.m. and Sunday, November 27 from noon to 4 p.m. As you drive up to the entrance of Hills House you will notice the
porch decorated by the Alvirne Horticultural Society. Once inside, you will be given a tour of rooms decorated by Anne’s Country Florals and Gifts who will turn the foyer of the home into a Christmas Wonderland. Flowers on the Hill will transform the dining room into a place where you just want to sit down for Christmas dinner.
Joan Tate will decorate
the library where you will just want to sit and enjoy the lights. Members of the society will also decorate the kitchen and main hall. This year also in the main meeting room will be a mini craft and fair featuring knitted articles, organic bath soaps and products, beading jewelry and fresh Christmas wreaths. Admission is canned goods and/or unwrapped new toys. This will all be donated to the food pantry St. Vincent de Paul, who aids Hudson residents. Last year 250 families needed assistance and that number is expected to be greater this year.
The Next Old Home Days Meeting
Following an exciting meting of approximately 25 people, the plans are under way to develop Hudson Old Home Days to a community event hopefully well into the future.
Come to the next meeting on December 1 at 6:30 p.m. at the Hills Memorial Library to share your ideas and be part of this exciting re- beginning of Hudson Old Home Days.
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