Trial Set Over Design of N.H. Fire Station

March 28--PELHAM -- The town is scheduled to go to trial in June over a dispute related to the architecture of its fire station.

Pelham resident J. Albert Lynch has sued the town, saying town officials did not follow decades-old covenants stipulating the fire station be built in a "colonial" style when it was built three years ago.

Selectman Doug Viger and Town Administrator Brian McCarthy met with Lynch and his representatives March 11 for court-ordered mediation, but they failed to reach a settlement.

"I am disappointed because every time we need to call an attorney for mediation or we're going to court, it costs the taxpayers money," Selectman William McDevitt said Friday. "This money isn't being spent for any constructive manner whatsoever."

The New Hampshire Supreme Court in October supported Lynch's claim he has standing to enforce decades-old covenants governing the architecture of the fire station on the Village Green.

Pelham purchased 18 acres of the 24-acre property from Lynch and his business partner, Louis Fineman, in the 1980s.

The building was supposed to be "designed in a traditional New England fashion, with pitched roofs, clapboard siding and double-hung windows," according to the Supreme Court ruling.

In addition, Lynch previously claimed the town had no right to cut down trees in front of where the new building stands nor to remove a historic stonewall. He is also upset about the fire station's flat roof.

The case will be heard in Hillsborough Superior Court.

McDevitt said he didn't believe the fire station would need to be torn down. He said the town is ready to bring in experts to testify that it is a colonial-style building. Lynch would need to define what he means by a colonial-style building, McDevitt said.

McDevitt said selectmen were open-minded about working with Lynch, but he refused to move from his stance.

"I know that for several hours there was back and forth on Mr. Lynch's position, but all he wanted was the building redesigned in a colonial fashion," McDevitt said.

McCarthy and Viger could not be reached Friday afternoon.

The town released a statement Friday about the lawsuit.

"The only resolution Judge Lynch would accept is a redesign of the fire station to reflect a more 'Colonial' design at the expense of the taxpayers," it read. "We regret that no resolution was reached.

Lynch said the two sides didn't have a meaningful discussion.

"We were in one room and they were in another, and there was no discussion," he said.

Lynch said Friday he's not seeking money from the town except for reimbursement for attorney's fees.

"It's up to whoever hears the case to decide who violated the covenants and the judge will decide what he will do," Lynch said.

Copyright 2015 - The Eagle-Tribune, North Andover, Mass.