The Fox and Crow Farm News
Disclaimer
All documents, attachments, and exhibits shared on this page are public records obtained through the Town of Barnstead, official municipal proceedings, or New Hampshire RSA 91-A (Right-to-Know) requests. Personal contact information of private individuals has been redacted where appropriate. Any commentary provided reflects our interpretation and perspective based on these public records.
We received a "Cease and Desist" letter on November 7th, 2024 to halt all operations on our farm including the construction of our new personal use barn and use and access of our Rabbit Barn, Greenhouse and Cabins. The town was requiring we go through Site Plan Review for a business that no longer exist on our farm. Nothing being conducted on our farm currently (or even planned in the unspecified future) required Site Plan Review.
At no point prior to the issuing of the Cease and Desist were we ever notified of violations, questions or concerns. No one, at any time, had asked us what we want to do with our barn. We assume they think this is being built as a wedding venue or something like that but not one person has asked us for clarification.
Let me start off my offering a timeline of events and attach critical supporting documentation. This is a very complicated turn of events that has been further complicated from lack of communication and severe lack of diligence from the town and public posts by the Building Inspector that, in our view, contained inaccurate and inappropriate commentary. As a former Planning Board Clerk and a current Planning Board Member, I shared an office with and maintained a professional relationship with the town Building Inspector, as well as all members of the town office. My husband currently sits as a member on ZBA. What has evolved here is shocking. Jared and I cannot believe how we have been treated.
8/3/2022: The Town of Barnstead issued us our first building permit for the new barn and attached ADU. Let me start by stating that the proposed structure was not only reviewed and permitted while we were actively engaged in farming and but we were never approached by any member of the town concerned with any of its intended use now or in the future.
11/15/2022: We received our super "illegal" log cabin building permit. (I am being sarcastic. The cabin is not illegal by any capacity.) There are no conditions noted on the permit. This was issued by the Barnstead Building Inspector after he signed the building permit for the barn and attached ADU. Disregard his false claims that we added the ADU later or that this was a surprise to him or anyone else at town hall. At no point were we approached about the intended use of the cabin OR whether it was a "dwelling unit" and conflicting with the already permitted ADU.
6/19/2023: I appeared before ZBA with my mother-in-law to get special exception for the attached ADU (apartment) to the barn. I presented the septic design to the ZBA at that time. We were not presented with any issues or concerns regarding the design plan for the structures, septic design, intended use for now or in the future. Our request for Special Exception was approved.
3/7/2024: While conducting normal and routine business as the Planning Board Clerk and a Planning Board Member the towns building inspector stated that he would consider legal action against me and the Planning board Chair (This statement can be verified by reviewing the meeting minutes/recording,) after becoming inflamed with the professional oversight by two professional engineers hired to oversee a proposed major subdivision. I immediately documented the event with the town administrator, as per the Employee Handbook (I was an employee of the town at the time of this event) and was denied any sort of mediation or conciliation between us. You can see my email to the "department head" here.
3/11/2024: I emailed the towns administrator to ask if I should able to have access to legal council for the events that took place at the public meeting on March 7th, when I was threatened to be sued by the Barnstead Building Inspector. I was not only sitting as a Planning Board Member that night but I was also sitting directly next to the new hire replacement for the job of clerk and was actively training her that night. I was still acting as an employee of the Town of Barnstead and fulfilling the requested duties of the clerk. Up to this point I was not officially removed from payroll, had an "exit interview" and was requested to continue in my presence as the clerk at this public meeting. I was denied legal council.
Email Requesting Legal Council
3/19/2025: I am including an email thread between myself and the Town Administrator (Karen Montgomery) after my request to meet with the Board of Selectmen was initially denied. Jared and I then insisted that we be added to the agenda to ensure we were able to meet with the board. I had requested copies of the draft meeting minutes and a transcription of the meeting since the March 7th meeting was recorded. Still to this day I have not been given a transcription. Its important to note that on March 19th, 2024 it was confirmed by the town administrator that the draft meeting minutes were not only not available for the public to have access to but that they were also being denied to me even upon formal request. The New Hampshire "Right to Know" law (Public Meeting Minutes (RSA 91‑A:2) states "Availability: Minutes must be promptly recorded and made open to public inspection within five business days after the meeting—unless a different timeframe applies under RSA 91‑A:6"
We were asked to move our meeting with the Board of Selectmen to March 26th and then later notified that the meeting was "full" and then pushed to April 2nd.
Details about the "non-public" meeting between the Building Inspector, Board of Selectmen and the Planning Board Chair (a meeting I formally requested to be a part of but was denied) were not shared with me.
Email Thread Showing Details of This Here
4/2/2024: We appeared before the Board of Selectmen in a private meeting. We had requested in the email dated 3/7/2024 that we would be seeking a 3rd party inspector to continue inspections and related needs for the building project on the farm. We felt like we would not be treated fairly without bias, harassment, or professionally by the Barnstead Building Inspector. The town administrator told us that this request would be handled through the Board of Selectmen. The Board of Selectmen, during that meeting, told us that we would have to submit that request directly to the Building Inspector. We did not feel, due to the volatility of the inspectors behavior, that approaching him was acceptable. We then hired our attorney to represent us and get the request for 3rd party inspection started and confirmed. We were told that not only is getting a 3rd Party Inspector common but appropriate for various reasons and our reason being legitimate to us. We requested a neighboring town inspector, at our expense, but the town chose to use MRI. Our questions on who is to pay for this expense has yet to be answered.
Our Attorney Request for 3rd Party Inspection
4/19/2024: You will see in several places where the Barnstead Building Inspector has "recused" or removed himself as inspector on our projects. He sent a private text to my husband stating:
"Hey Jared, I received your letter through your attorney, and wanted to reach out to you. First, I'm in agreement I think its for the best this way. I understand and respect your reasoning, as I am sure you understand I also have my reasons. Also to let you I have always admired your skills as a barn builder. I will let the Selectmen know that I also wish to recuse myself as inspector on projects completed on your property..."
So why was he still engaged in our building project through town hall?
8/16/2024:
Proof that even the Town of Barnstead's Attorney agreed to a 3rd Party Inspector via MRI. He even suggested that we be in direct contact with the inspector to "ensure no delays in the back and forth"
You will see, in this timeline, how the town has prevented the inspector from not only communicating with us directly (which has causes us delays and confusion) but also how he has not been empowered to do his job.
Email from Town of Barnstead Attorney
8/22/2024: We posted to our farm social media page that we would be closing the farm store and we cancelled all onsite farm events and open houses. We have stated numerous times that closing our farm store was not a reaction to the Cease and Desist, but rather a decision made prior to the letter from the town.
8/27/2024: On this date, the town engaged in a contract with Municipal Resources, Inc. (MRI) granting their inspector full authority to act as the Town’s building inspector. The MRI contract (August 27, 2024) clearly states MRI will assume “all appropriate authority, normally vested in the Town’s personnel.”
MRI Contract with the Town of Barnstead
9/6/2024: We had to renew our building permit for the barn so we submitted a new application with our floor plan, designs and septic design. The ADU was already part of the original permit and was not added after. We received a signed and approved Building permit. Signed by Gary Madden (Board of Selectmen)
Why is it not signed by our MRI assigned inspector?
At no point during the review of our application were any concerns or questions brought up to us about our barn plans, septic design, etc. Our septic design had been on file with the town now for almost 18 months at this point. We were never approached about our farm operations or any other structures on our farm.
10/8/2024: Our plumber submitted the application for a plumbing permit at town hall and paid the corresponding fees. He began work on the plumbing for the barn and the ADU.
10/19/2024: We hosted our final “OPEN HOUSE” event on the farm, offered 50% everything in the store and closed the farm store and our farm to the public.
10/21/2024: Since the details about how we were to retain our 3rd Party inspector had changed (we were supposed to be in direct contact and communication with our 3rd party inspector) we were now being told that all correspondence was to go through the town administrator. She was to act as the liaison between the Board of Selectmen and our Inspector. At this point we, nor our plumber, were ever notified that the Plumbing Permit had been denied. We were completely unaware that there were any issues with our barn project, our farm or our farm operations. Jared requested the plumbing inspection and left the drains open and exposed. Our septic system had been installed just weeks before this. When our inspector arrived he noted that he had just met with the Barnstead Building Inspector at Town Hall and that there were “issues” here on our farm. He refused to inspect our plumbing since our plumbing permit had been denied (first we heard of this) and claimed we didn’t even have a building permit for the barn. He made assumptions about the intended use of the barn. He wasn’t able to see our structures around the property but knew that we have a unpermitted cabin, greenhouse and rabbit barn (see our response to these issues). This inspector was from Rye, NH so clearly this list of infractions was handed to him to deliver to us. He was clearly not here for an inspection and did not perform the requested inspection and instead raised a list of additional issues. You can read his “finding” here on the timeline. I immediately documented the visit and emailed our concerns to the town administrator. She promised a response. We contacted our attorney and he tried to get more details for us. We were ignored until November 7th, when the Cease and Desist letter came. Our brand new plumbing was left exposed during this entire time despite stating the concern that it could flood and move the piping in the ground and that we were missing our deadline to pour concrete. We immediately submitted plumbing plans to the town via email.
Email Regarding the Inspection Visit
10/22/2024: I hand delivered Building Permit Applications to the town for the Greenhouse (not even 200 sq ft so we rescinded that as a permit is not required), the cabin in the woods and the rabbit barn. I brought checks with me but they would not accept our money for the applications.
Rabbit Shed Permit Application
10/28/2024: We requested a cancellation of our business insurance policy due to closing the farm.
11/7/2024: We received our Cease and Desist Letter and the “findings” from the “inspection” by the 3rd Party Inspector. They failed to acknowledge that we had already addressed the unpermitted structures, they failed to acknowledge that the rental use of our cabin without a “conditional use permit” was null since the actually permit document is currently still not available to the public for use and that we ceased renting the cabin already, and they also failed to acknowledge that our farm store had been closed and completely liquidated and we were no longer open to the public or operating as a business in any capacity.
11/9/2024: We shared with our customers that our farm will not be reopening to the public.
11/11/2024: Our Attorney had a chance to respond and requested that they reverse the Cease and Desist. Jared and I included our response and offered some supporting documentation about the farm being closed, cancelling our business insurance policy, and an explanation about our septic system design and the other issues. We requested to appear before the Board at their 11/12/2024 public meeting to discuss their issues with us directly.
Response to Cease and Desist Letter
11/12/2024: We requested to sit directly in front of the Board of Selectmen to answer any of their questions or concerns. This would be the first time we would be face to face with them and we were there to resolve any issues. In this meeting we were told that they all had time to review the supporting documentation from us and our attorney. We discussed the fragility of the exposed plumbing, the time frame for pouring concrete and moving our mom into her apartment by Christmas. They had no questions or concerns to address to us directly but promised a swift response. After the meeting minutes were posted we realized that they continued to discuss our case after we had left the meeting leaving us, again, unable to respond to them directly to try to resolve their concerns or questions head on.
Board of Selectmen Meeting Minutes
11/20/2024: We were asked to resubmit a new plumbing permit application but omit the “kitchen” rough plumbing in the application. We submitted this immediately! Mind you, the rough plumbing for the potential future kitchen and bathroom had already been installed. We were anticipating an inspection of the plumbing so we could backfill it.
Current Plumbing Permit Application
It was stated to the town administrator that in order to have a plumbing inspection we would need to have the plumber come to fix the exposed pipes in the ground that shifted when the trenches flooded. We would need some sort of confirmation that our plumbing permit was reinstated and that the cease and desist had been lifted in order to conduct the work on the barn.
11/26/2024: We were told that the Board of Selectmen would meet to discuss this at their meeting.
The Board of Selectmen agreed not to reinstate our plumbing permit or lift the Cease and Desist and provided us with ZERO documentation or explanation.
12/3/2024: The Board of Selectmen were supposed to meet with the town attorney to discuss our Cease and Desist letter. We were hopeful for some sort of update or clarification. Later we were told they weren’t able to meet with the Attorney but would try again next week. We still had not received a response to our 11/11/2024 letter. Curious as to why a phone call or email wouldn't be appropriate? It felt like it was an intentional delay.
12/4/2024: We were left with no other option than to appeal the Cease and Desist from the Board of Selectmen. Our entire packet for the appeal is attached here.
12/12/2024: Just days before our ZBA appeal we received a rescinded Cease and Desist from the town. We still did not have a single signed permit to continue work. We were still unable to move forward and were being ignored by the town.
12/13/2024: The “Greenhouse” cited in the Cease and Desist was determined by town hall that it did not require a building permit since the structure is less than 200 sq ft. No one measured it. No one needed confirmation. Just a simple note from us was sufficient. We notified them on 10/21 via email but were ignored. Perhaps a single phone call or visit here could have prevented this entire cease and desist all together.
Updated Notice Regarding the Greenhouse
12/13/2024: This clearly did not sit well with the Barnstead Building Inspector, the antagonist. He published a public post describing our cabin as unlawful, which we dispute. We maintain the structure was properly permitted as an accessory building.
This was posted to the town of Barnstead's Community Social Media Page, a page of over 10,000 followers.
Now, let me begin by stating that the state of New Hampshire has a defamation law for a reason. It's one thing to spout off your hurt feelings in public, though frowned upon from adults, it's another thing to knowingly make false statements about a person(s) and/or their businesses to cause them personal or professional harm.
The Barnstead Building Inspector shares an office with the Planning Board and Zoning Board Clerk and is able to ask questions, seek facts or even attend meetings. Making false statements, assumptions and not knowing the facts is severe negligence on his end. The town should consider disciplinary action for what he has done.
We have been very careful in terms of not using names or making claims or accusations. We stick to the facts and the facts are plenty and easy to understand the "bigger picture" without whining and throwing a public temper tantrum.
We were very concerned that we would not be treated fairly, honestly and respectfully by the Barnstead Building Inspector after he threatened to sue me at a public meeting in March 2024, and his admission to participating in the cease and desist in his public statement confirms that we were being treated with bias and harassment vicariously through the Board of Selectmen.
The Board of Selectmen had an obligation to "turn down the heat" and protect the public's interest. This is not the case. They denied my request for mediation immediately after the March 2024 meeting. I was never allowed to meet with the Board of Selectmen or the Building Inspector directly, despite my request to do so, to attempt any form of resolution.
They ignored our concerns and reasonable request to put distance between us and the Barnstead Building Inspector. They ignored our attempts to come into compliance and rectify our "violations" here.
For those of you concerned about your Tax Money being used for this case, let me explain this to you:
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We requested a fair, non-bias approach with the town long before hiring an attorney. They ignored our request.
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We requested a local building inspector, at our expense, and the town chose MRI.
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We were asked that we be treated without bias and harassment from the Barnstead Building Inspector. The town knowingly ignored that request and allowed it to go on. (now confirmed by the Building Inspector himself)
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Items in the Cease and Desist were invalid and based on incorrect information.
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We did not violate the Short Term Rental ordinance.
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Site Plan Review was falsely stated as a requirement.
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The Short Term Conditional Use Permit was not completed or available to the public to use.
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This shows extreme examples of defamation since the Barnstead Building Inspector knows, or should have known, that these requirements did not exist. He made a statement that they were required and that we were guilty of not adhering to them.
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Let me ask: of a town of dozens and dozens of Short Term Rentals in the town of Barnstead, how many in the summer of 2024 had the Barnstead Building Inspector reviewed, inspected or approved? How many did Site Plan Review? How many used the Conditional Use Permit? ZERO! But apparently we were supposed to?
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None of the agricultural activities or our Farm Stand were in violation of the town and were within our right as a farm through the State of New Hampshire.
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Our cabins are not ADU's or even dwelling units, as he so falsely claims. They have no running water, electricity, heat, septic, are not insulated for year round occupation. They do not have "dedicated sleeping, cooking or sanitation" as per the definition in the Zoning Ordinance. They aren't even the minimum 500 sq feet therefore would not even be eligible for a certificate of occupancy.
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If this is the case, one would ask, why would we be permitted a cabin and an ADU by the same person claiming violation? He signed both building permits.
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There is zero evidence that we have taken a building permit for one thing and used it for another.
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Our log cabin was not permitted with "conditions" and has not been rented out to the general public.
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Septic Systems are NOT required for structures where pressurized water is absent.
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NHDES does not require a permit, nor does the town of Barnstead, for Privy's (latrines, outhouses). We are not in violation of that either.
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As a professional Septic Installer, Health Officer and Code Enforcement Officer, one would expect the Barnstead Building Inspector knows this.
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We have and will continue to work diligently and in good faith with the town to try to move forward, however, the town is not acting in the same capacity for us.
Despite lifting the cease and desist they have still not provided us with a Plumbing Permit for the barn or a building permit for the Windfall Cabin. We are not able to obtain a plumbing inspection so we can backfill our trenches and exposed piping since we do not have a plumbing permit.
Due to the defamatory post made by the Barnstead Building Inspector and his admission to colluding with the former 3rd Party Building Inspector and Board of Selectmen with regard to our Cease and Desist, we simply asked that we be assigned new neutral 3rd Party Building Inspector. The town, astonishingly, has not honored our request.
That says it all, in my opinion.
Public Statement by Building Inspector Fab Cusson
Source: Public post authored by Fab Cusson to the “Barnstead NH Community Group” Facebook page
● Fab confirms he recused himself from our property:
“...I met with the Selectmen and voluntarily recused myself from inspecting their property, but not from any other building inspector duties outside their property. Honestly, after the treatment I received at the PB meeting, I wasn’t comfortable ever stepping foot on that property again anyway.”
● This is a formal acknowledgment that he would no longer perform inspections or building-related duties on our property.
12/20/2024: We finally received a Building Permit for the Rabbit Shed. We are not sure whose signature that is on the permit but it looks to be the Barnstead Building Inspector, the one that recused himself. The inspector we asked to be removed from our projects here on our farm due to bias and harassment. The inspector who stated he would remove himself. The inspector who so publically shared his bias and disdain towards us on the towns Community Social Media Page. In an attempt to develop a new relationship with a new neutral 3rd party inspector, one who has not been working in direct relationship with the Barnstead Building Inspector, it seems the town is not willing to ensure we have that privilege. All we have asked of the town is to allow us to work with a neutral 3rd party inspector, free from bias and harassment. We applied for the building permit for this rabbit shed on 10/22/2024. It has taken 2 months to get the permit. Notice the conditions "not to be used / converted into a dwelling unit." Do they write that on your building permits for a shed or is that just for us?
12/22/2024: We kept all of our business and disagreements between us and the town and have been working with the town to resolve them. The Barnstead Building Inspector keeps inserting himself right between us and the town. He had recused himself and very publically shared that already. Strange that he has so much to say about us and our farm business with the town. He just can't seem to stay off the Barnstead Community Page sharing untruths and misinformation. To read the latest "op ed", you can find it here.
12/22/2024 Facebook Slander by the Barnstead Building Inspector
My favorite quote from this:
"I got burnt by them on the “Hunting Cabin” that they told me was merely a neat little hunting blind for their use, yet it turned into a rental cabin to the public that never received CO or STR approvals."
"Hunting Blind?"
I have documented evidence that he has seen this cabin in person.
He has zero evidence it was ever rented to the public. It has never been rented to the public and I can prove it.
A little story about this cabin. This very Inspector had approached both Jared and I about building one for him. He even offered help installing a septic system if that was something we chose to do in the future. This was all while being in the public eye with our ADU, cabin, farm store etc without an ounce of concern or issue from anyone, town included.
"I found it interesting that their cabin rentals would never have been approved if they followed the guidelines of the applications requirements."
Could it be that we possibly did not have plans to offer our cabins as short term rentals? There are very strong opinions about our "rental cabins" that are not available for rent to the public at all. Period. End of story!
One would ask, "To what end?"
What exactly does the Barnstead Building Inspector want from us?
Our farm is closed, we have no business here, site plan review is not required, the cabins are not being rented, our unpermitted structures have been dealt with, the cease and desist has been lifted.
What more?
We even had a septic designer come, proactively, to inspect our privy's.
This is clear and simple harassment.
12/31/2024: We finally received our Plumbing Permit for the new barn and have had our electrician pull the electrical permits for the approved ADU and barn.
Electrical Permit for 400 amp service
When I went to pick up the permits I was asked if it was ok that the Barnstead Building Inspector had signed them. I responded "No". It was my understanding that the Barnstead Building Inspector had recused himself. (He stated this numerous times on social media and yet he is emailing my husband and signing our permits) I replied that Gary Madden (Board of Selectmen) had signed our building permit in September 2024 and we have a 3rd party inspector so why would the Barnstead Building Inspector even need to sign them at all?
Given the completely inappropriate behavior and social media post from the Barnstead Building Inspector, one would hope that the town has the best interest of us. We have asked numerous times that distance be put between us since there is clearly irreconcilable differences here but the town is not interested in that, clearly.
1/2/2025: At our regular Planning Board Meeting, just before we were to adjourn, the Planning Board Chair made an announcement regarding inappropriate social media posting. The conversation was directed towards me in relationship to the social media posting I have been sharing on my personally owned farm page.
I want to note:
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I have not violated any Rules of Procedure. None of my post are directly related to any applicants or applications we see before the board.
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Not a single social media post that I have made has been directed towards any member of our board or any board discussion. My post were strictly related to our Cease and Desist and I have been very careful to refrain from being personal, emotional or unprofessional and have shared public documents and public information.
The concern was how my posts were reflecting on the reputation of the Planning Board as a whole and I offered a sincere apology for any harm I may have caused my board members. That was never my intention.
I reiterated that at no point did I bring any of my personal issues with the town to the planning board or any public meetings. It was the town (Board of Selectmen) that directly interjected our dealings at a public planning board meeting at their discretion.
I stated that I have never shared or commented, at any time, to a public community page like the Barnstead Community Facebook page that host over 10,000 followers. I'm not even on that page. (Although the Barnstead Building Inspector has on numerous occasions and the information in those post were actually quite damning to the reputation of the planning board * Please go back and read those on this webpage * but that person was not there to offer an apology to our board)
We have a right to FREE Speech and I have always been open to sharing the highs and lows of our farm and productivity on the farm. This situation being no different, in my opinion.
What's even more shocking was how the meeting was being conducted.
A member from the Board of Selectmen, Robb Ellis, sat in the public area with an employee of the town, MaryJane Discolas (assistant to the building inspector, Fab Cusson) video recording me from her personal cell phone. Another member of the Board of Selectmen, Diane Bejir, sat at the table with the Planning Board and basically (in so many words and I do have the recording) said:
D. Bejir:
"you are telling people that come before you requirements that are put in place that you did not bother to do"
I feel like I am on repeat here when I keep saying... The requirement for me to submit Site Plan Review was found to be unnecessary. The requirement for me to submit the Conditional Use Permit for Short Term rentals, also was not valid and nor was it required. Are we guilty of not getting 2 building permits from years ago? Yes. But the application for the permits were submitted PRIOR to the issuing of the Cease and Desist.
D. Bejir:
"you have basically tainted the rest of this planning board because now the perception is out there they're letting you get away with this"
Get away with what?
And then I was told that I "attacked the Barnstead Building Inspector".
I disagree profoundly with that and the meeting minutes from March 2024 tell a totally different story from that public meeting.
The board of selectmen, D. Bejir, then told me that she thinks I should resign. I told her that I respect her opinion.
Notes from the December 19th Meeting Minutes: Short Term Rental Use Permit
"There is no Site Plan Review, only between applicant and town official."
"N. Carr clarified, the change to Zoning Ordinance in March, they wanted to add the permit but wasnt available until the application was done."
"Its not available yet to the public"
This is important to know since they (The Board of Selectmen) seem to think that I should have completed a "Short Term Conditional Use Permit" (a permit that was not yet and still not available for public use) for my rental cabin, a cabin I am no longer offering for rent to anyone. Am I missing something?
This was a hot topic at last night's meeting and yet so invalid and moot, which I publicly stated.
I will not be resigning from my position as a member of the Planning Board. I will also not stop sharing public information related to me or my farm.
Make it well known that I showed up to the public meeting. I apologized to my fellow members for any of the harm I may have caused. I sincerely meant it too. I don't think it's appropriate for a single Planning Board member to be so singled out and treated this way in a public meeting. I never asked for this to become part of the Planning Board agenda. It wasn't even on the agenda so clearly this wasn't a fairly posted agenda item where the members of the public had a chance to participate. Is that even legal?
Do you know who didn't show up at the meeting?
Fab Cusson. The Barnstead Building Inspector.
Do you know who hasn't apologized for any of the harmful social media posting to the Barnstead Community page of over 10,000 followers?
Fab Cusson
Do you know who this person reports to?
The Board of Selectmen.
6/5/2025:
I presented as a Conceptual Consultation before the Planning Board to see if the agricultural activities and agritourism we previously, currently and plan to offer on our farm would require Site Plan review?
My presentation, read directly from this attachment below, concluded with a unanimous decision by all members of the Planning Board that we do NOT require Site Plan Review. It was publicly stated that we are not intending to be a Wedding Venue. I concluded with:
"I felt targeted with the cease and desist letter and I want this to be publicly documented, to protect me down the road from future harassment, on where I stand and where the future of my farm stands in this town.
The other farmers in town and future farmers coming here ought to know as well."
Does Our Farm Require Site Plan Review
9/8/2025:
We have been told numerous times that we are not allowed to contact our assigned MRI inspector directly, schedule inspections, ask questions or even consult with our inspector.
We have not been provided his direct contact information despite having requested it.
We have also been told that the Board of Selectmen are reviewing our permit applications.
Under what authority?
Why has Gary Madden (Board of Selectmen) and Fab Cusson (recused Building Inspector) signed our permits?
According to RSA 155-A:7 – Building Inspectors.
“The local enforcing agency shall be the building inspector, or if none, the board of selectmen. The local enforcing agency shall have the authority to enforce the state building code and any local amendments thereto duly adopted by the municipality. The building inspector shall issue all necessary notices or orders to ensure compliance with the state building code. The building inspector shall have the authority to render interpretations of the state building code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of the state building code and shall not have the effect of waiving requirements specifically provided for in the code. Appeals of the building inspector’s decision may be taken in accordance with RSA 673:1, V.”
When the town contracted with MRI, they assigned a new building inspector. This person should be and maintained as the "building inspector". Not the Board of Selectmen and not Fab Cusson, Barnstead Building Inspector. Any deviation from this process (consulting with the Board of Selectmen, etc) is beyond the standard of communication, causes us delays and beyond their authority.
I have submitted a formal 91-a request for the copy of the MRI contract to confirm that we do, in fact, have an assigned Building Inspector. This request was hand delivered today. They have 5 business days to respond.
We also are requesting for confirmation on how our permit applications, inspection request, ect are being handled. In this notice we are also sharing how our electrical permit (8/11/2025) was lost by town hall. It is important to document these examples in writing and a paper trail to show their mishandling with our building permit process.
Email Requesting Details and Documenting
These details are important since, just this morning, we received a text message from Fab Cusson (recused Barnstead Building Inspector) reminding us to renew our building permit for the barn. Any communication from Fab is considered harassment and we will ensure this is discontinued. He should not be involved with our town business in any capacity.
9/8/2025:
We received our signed and approved electrical permit. Again, this permit is signed by Fab Cusson, the recused building inspector. We still want to know why our MRI inspector communicated to Fab to approve our permit application and has not been granted to use the authority vested in him by the town to sign and approve the permits himself. This scenario alone has created delays in permitting and communication. Our MRI inspector confirmed that he approved the permit on 8/12/2025. By not getting the permit timely, our electrician had to abandon our project and move along to his next job.
9/10/2025:
Our inquiry emailed and hand delivered on 9/8 had not been responded to. In our effort for more transparency and answers to some of our questions and concerns, we have submitted a formal letter to the Board of Selectmen looking for clarification. Our hope is that they are willing to respond to us directly. If not, we intend to be added to the agenda for a public forum.
And, since there seems to be some contradicting information regarding our electrical permit, we also submitted a 91A request for the details of how that original permit application was handled.
I was able to confirm (and record) in a conversation with our MRI inspector that he not only received the electrical permit application (dated 8/11/2025) but that he told Fab Cusson directly that it was "approved" and "ready to be signed". It seems the "approved" permit was lost while either in the hands of Fab Cusson, The Board of Selectmen or the Town Administrator.
Losing public documents is a direct violation of the Right to Know law in this state.
Also, at what point where they going to notify the electrician it was "lost"? On the 30th day? The electrician had pressed the town numerous documented times looking for an update.
I then asked our MRI inspector directly why he was communicating with Fab Cusson since MRI was clearly assigned as the governing authority (per the MRI contract) and Fab had been recused.
The MRI inspector then stated he was not aware of Fab's recusal and he also had not seen the MRI contract and was not aware of the full scope of his required duties as the inspector.
The new permit application was then submitted on 9/5/2025 but was not able to be issued (despite a former "approval" for the "lost" one (this is the identical document)) until it went before the Board of Selectmen. What exactly does the Board of Selectmen need to review for an already approved permit application? They are not the "building inspector", MRI is.
This unnecessary and unusual approach is causing us delays. The permit was not formally issued until 9/10/2025. I do not have the permit in my possession yet but I am willing to assume it is signed by the recused Barnstead Building Inspector.
91A for Electrical Application and Permit Information
9/16/2025:
We finally had a chance to meet with the Board of Selectmen to get some answers.
Here is a recap of our meeting as well as my presentation.
Opening Remarks
Erin began by thanking the Board for the opportunity to speak about the barn project at 948 Province Road. She explained that, despite submitting letters dated September 10th, the Town had not responded in writing, so it was important to present the matter publicly.
A Selectman clarified that the September 10th letter came after the last Select Board meeting, which explained why no written response had been issued before now. Erin acknowledged that clarification.
Concerns Presented
Erin stressed that her concerns were not personal but about procedure, authority, and accountability. She reviewed why she and Jared had requested Fab’s recusal. On March 7, 2024, during a Planning Board meeting, Fab’s conduct was unprofessional and intimidating, leaving her fearful of retaliation. She documented the incident the next day with the Town Administrator and formally requested his recusal from their projects.
However, after recusing himself, Fab did not step aside quietly. He posted at length on social media about their property and made personal attacks while still holding the authority of Building Inspector. Erin argued that this showed prejudice and a breach of professional conduct. She stated plainly: Fab could not fairly perform inspections or reviews, and his continued involvement eroded their trust in the Town’s handling of permits.
Key Issues Outlined by Erin
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MRI Contract Authority – The Town’s contract with MRI gives their inspector full authority. Attorney guidance confirmed MRI should oversee the project directly, handle inspections “now or in the future,” and work with applicants to avoid delays.
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Improper Involvement of the Selectmen & Transparency Issues – Erin explained that they had repeatedly been told permits were going before the Selectmen, which is not appropriate under RSA 155-A. At the same time, no such permit had ever appeared on a Selectmen’s agenda or in meeting minutes, a lack of transparency under RSA 91-A.
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Permit Mishandling – Their electrician submitted an updated electrical permit on August 11. MRI Inspector Peter Rowell reviewed it on August 12 and said it was ready to sign, yet the permit was never issued. They were later told it had been lost. Erin noted this disappearance violated RSA 91-A regarding public records.
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Communication Barriers – They had been blocked from communicating directly with MRI, despite the Town Attorney’s advice that MRI should work with them directly. Erin explained that this had caused delays, confusion, and unnecessary costs.
Consequences Cited
Erin described real impacts: their electrician had to resubmit paperwork, the resubmission was routed unnecessarily through the BOS, and the permit was ultimately signed by Fab — who had recused himself — instead of MRI. This led to delays, increased costs, and diminished confidence in the process.
Board’s Response
Selectmen responded with clarifications:
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The August 11 permit was not lost; it had been stamped August 12 but delayed in processing due to staffing shortages and vacations.
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They insisted permits were not formally reviewed or approved by the Board of Selectmen.
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Fab’s role, they said, was limited to signing permits and clarifying zoning questions with MRI. They emphasized he would no longer contact Erin directly.
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They noted staff turnover and workload challenges had slowed processing, but there was no intent to delay the project.
One Selectman added that the Board wanted the project completed, recognizing it as a benefit to the Town.
Discussion on Communication with MRI
Erin pressed on the communication barrier with MRI Inspector Peter Rowell. She explained that during a recorded site meeting, Rowell appeared unaware he was the inspector of record and believed he reported to Fab. This, she argued, highlighted the confusion caused by blocking direct communication.
The Board agreed this needed clarification. They indicated they would allow Erin and Jared to communicate directly with MRI going forward, while still handling permit paperwork through Town Hall.
Resolution
By the end of the discussion:
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The Board agreed Fab would have no further involvement with their project.
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Erin and Jared would be allowed to communicate directly with MRI Inspector Peter Rowell.
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Permits would continue to be processed through Town Hall but without unnecessary Selectmen involvement.
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The Board expressed its support for the project and its desire to see it completed.
Closing Notes
Erin reiterated that their only request was a fair, lawful, and transparent process. The Board acknowledged their concerns and committed to clarifying procedures going forward.
Presentation as Read to the Board
Disclaimer
All documents, attachments, and exhibits shared on this page are public records obtained through the Town of Barnstead, official municipal proceedings, or New Hampshire RSA 91-A (Right-to-Know) requests. Personal contact information of private individuals has been redacted where appropriate. Any commentary provided reflects our interpretation and perspective based on these public records.