My Story

My name is Barbara Aichinger and I live in Gilford, NH.  Along with my husband we own two waterfront lots in addition to a non waterfront lot in Gilford.  The two waterfront lots are the ones involved in this controversy.  Each lot had a dwelling on (that is zoning speak for any kind of house with eating/sleeping/bathroom)  it and has had dwellings on them since the 1930's.  Lot 10 had a large house and lot 9 had a cottage.  In 2006 I began the process of rebuilding my property.  The town of Gilford Planning Director John Ayer told me that the town used to merge lots less than 1 acre but that they no longer do that and in fact unmerge properties.  He did a deed research, spoke with other town officials (The Building Inspector David Andrade and Assessor Wil Corcoran) and told me that I can build on each lot.  He assigned two addresses and two tax id's.  He told me this verbally and in an email in late 2006.  In January 2007 he put it in a letter to me.   In late 2006 I started the process of rebuilding and since have rebuilt both properties with beautiful houses.  I am now selling the house on lot 9. 

Now the story gets complicated.  Here is the Readers Digest version.  My abutter Glenn Sutton (acting on behalf of his mother who owns the property) did not want to have a house next to him on lot 9 so he filed a lawsuit against myself, the town of Gilford and the homeowners association Governors Island Club.  The town reversed its position on the unmerge of my properties AFTER I had spent considerable time and money rebuilding them!  In view of this the town entered into an AGREEMENT with me (filed in the registry of deeds) that again restored my property to two lots.  The issue went to court.  However there was some serious information that the Town of Gilford did not reveal to me or to the judge during the discovery process or at trial.  Because of this the judge ruled that I have two houses on one lot!  

The crux of this lawsuit is that the Town of Gilford engaged in a practice of unmerging properties seemingly in violation to their own zoning ordinances.  When my abutter filed the lawsuit they mislead the parties involved.  Once caught in a web of their own making the Town did not reveal the other unmerges and instead portrayed the Aichinger unmerge as a one time 'mistake' by the Planning Director.  They went so far as to put forth this story to the judge.  They told the court that the situation involving my property was simply a one time mistake made by the Planning Director and that they never did any other unmerges.  Since I had been told by the Planning Director, Assessor and the Building Inspector prior to the lawsuit that there were other unmerges I started to ask about them once the lawsuit was filed.  No one at the town would respond!  I did a Right to Know request through my attorney to the town attorney (Walter Mitchell, Laconia, NH) and the response was still...no one else only you Mrs Aichinger!  So began my long  journey of Right to Know requests, delays and denials  and bullying by the Town of Gilford.  However my dilegance has paid off.  I found the information and I will present it here for all to see.

Gilford's Unmerges and Non Merges

So this is my story.  One person up against the lies and cover-ups of municipal government trying to protect my property rights.  My search has revealed I am  not alone.  I hope this information leads to justice for me and for others around the state who have been harmed by this unconstitutional practice.  Support SB406 and make sure no one else has to endure what I had to!