Farming in Barnstead: A Public Record
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.
This page documents the permitting, inspection, enforcement, and public record history involving The Fox and Crow Farm and the Town of Barnstead, New Hampshire.
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The chronology below is supported by permits, municipal correspondence, meeting minutes, inspection records, attorney correspondence, RSA 91-a records, and other public documents. Where commentary is included, it is distinguished from the underlying record.
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Our purpose is to preserve an accurate public record, provide supporting documentation, and allow readers to review the events for themselves.
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RECAP:
A quick recap for anyone who doesn’t want to read the whole timeline:
We’ve operated our 100 acre farm in Barnstead since 2015. In 2024, the Town issued a sweeping cease and desist questioning agricultural uses, agritourism, our barn, cabin, plumbing, and other structures. We challenged it, hired legal counsel, appealed it, and the Town later revised it.
Now we are challenging the current cease and desist and asking for its complete withdrawal. Once again, we are left asking the Town to identify the actual present violation, the legal basis for the order, and why an enforcement action should remain in place when those issues have not been clearly explained. That is not a small thing for a property owner. A cease and desist can affect permits, inspections, construction, financing, legal costs, and the ability to use your own property.
Since then, we’ve dealt with delayed permits, unusual restrictions, changing interpretations, unanswered complaints, and inspection reports that sometimes focus on furniture and perceived use instead of just code and safety issues.
We also raised serious concerns about Building Inspector Fab Cusson’s conduct and public comments about our property. He later said he would recuse himself from projects involving our farm, yet Town records obtained through Right to Know requests show he continued to be consulted on zoning and permit matters. We formally complained to the Town and that issue remains unresolved.
The Planning Board later confirmed that farming and agritourism, by themselves, did not require site plan review.
And somehow, in 2026, we are still fighting for clear answers, corrections, and a fair process.
That’s why we’re sharing Farming in Barnstead: A Public Record one issue at a time.
www.thefoxandcrowfarm.com/news
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This is about more than our farm. It’s about whether local government is fair, consistent, transparent, and accountable.
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8/3/2022:
The Town of Barnstead issued a building permit for our proposed agricultural barn with an attached accessory dwelling unit (ADU).
At the time the permit was issued, The Fox & Crow Farm was already an active agricultural operation. The approved permit documents identified both the barn and attached ADU.
Supporting record: Approved Building Permit.
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11/15/2022:
The Town issued a building permit for the log cabin now known as the Nelsons Lodge.
The permit contains no written conditions prohibiting sleeping, short-term occupancy, or other particular uses. The permit was issued after the Town had already approved the barn and attached ADU.
We include this permit because later Town communications characterized the cabin differently and raised questions concerning its permitted use.
Supporting record: Log Cabin Building Permit.
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​6/19/2023:
We appeared before the Barnstead Zoning Board of Adjustment with the proposed attached ADU and associated septic design.
The ZBA approved the requested special exception for the ADU.
The meeting minutes and application materials document that the ADU was a disclosed component of the barn project and was reviewed through the Town's zoning process.
Supporting record: ZBA Meeting Minutes.
3/7/2024:
During a public Planning Board meeting, while I was serving as a Planning Board member and assisting with the transition to the Board's new clerk, Building Inspector Fab Cusson made statements concerning possible legal action involving me and the Planning Board Chair during a disagreement over the Board's handling of a subdivision matter.
The exchange occurred during a recorded public meeting and is reflected in the meeting record.
Because I was also still performing requested clerical duties for the Town at the time, I documented the incident with the Town Administrator and requested assistance addressing the situation.
Supporting records: Public Meeting Minutes; Email Recapping the Incident.
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3/11/2024:
Following the March 7 Planning Board meeting, I asked the Town Administrator whether legal counsel or other Town assistance was available to me regarding the incident.
At the time, I was continuing to perform requested clerk-transition duties for the Planning Board in addition to serving as a Board member.
The Town declined my request for legal counsel.
Supporting record: Email Requesting Legal Counsel.
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Email Requesting Legal Council
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3/19/2024:
Following the March 7 incident, we requested an opportunity to meet with the Board of Selectmen.
The correspondence documents scheduling discussions concerning that request and my request for the draft minutes and available recording/transcription from the March 7 Planning Board meeting.
The Town Administrator informed me on March 19 that the draft minutes were not yet available. Our requested meeting with the Select Board was subsequently moved from March 26 to April 2.
I also requested information concerning a separate meeting involving Town officials that occurred after the March 7 Planning Board meeting.
Supporting record: Email Thread.
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Email Thread Showing Details of This Here
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4/2/2024:
Jared and I met with the Board of Selectmen regarding our concerns about continuing to use the Barnstead Building Inspector for inspections and permitting on our property.
We requested the use of an independent third-party inspector for the remainder of our project.
The Board instructed us that the request would need to be addressed through the Building Inspector. Because of the March 7 incident, we instead retained counsel to communicate the request on our behalf.
We proposed using a neighboring municipal inspector at our expense. The Town ultimately chose to contract with Municipal Resources, Inc. (MRI).
Supporting record: Attorney Request for Third-Party Inspection.
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Our Attorney Request for 3rd Party Inspection
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4/19/2024:
Following our attorney's request for a third-party inspector, Building Inspector Fab Cusson sent Jared a written message stating that he agreed it was best for him to recuse himself from projects on our property and that he would notify the Selectmen.
His message stated, in part:
“I will let the Selectmen know that I also wish to recuse myself as inspector on projects completed on your property...”
This communication is significant because later Town records show Cusson continuing to participate in permitting and zoning discussions concerning our property.
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8/16/2024:
Town counsel confirmed that MRI would provide third-party inspection services for our project and recommended direct communication with the assigned inspector to reduce delays associated with relaying information through intermediaries.
This correspondence becomes relevant later because subsequent communications with MRI were instead routed through the Town Administrator.
Supporting record: Email from Town Counsel.
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Email from Town of Barnstead Attorney
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​8/22/2024:
We publicly announced that we were discontinuing the farm store and cancelling on-site public events and open houses.
This decision was announced approximately eleven weeks before the November 7 cease-and-desist.
We include this date because the later enforcement letter referenced farm-store and public-facing activities.
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8/27/2024:
The Town of Barnstead entered into an agreement with Municipal Resources, Inc. (MRI) for building-inspection services.
The contract states that MRI personnel would assume the appropriate authority normally vested in Town personnel for the contracted services.
This agreement establishes the authority and role of MRI in the subsequent inspection and permitting history documented below.
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MRI Contract with the Town of Barnstead
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9/6/2024:
We submitted a renewal application for the barn project, including the floor plan and septic design.
The Town approved and issued the renewed building permit. The permit was signed by Selectman Gary Madden.
The attached ADU remained part of the project previously permitted by the Town and approved through the ZBA.
No written zoning or site-plan deficiency was identified to us as part of this permit issuance.
Supporting record: September 6, 2024 Building Permit.
10/8/2024:
Our licensed plumber submitted a plumbing permit application and the required fee for work associated with the barn and ADU.
Plumbing work subsequently began in preparation for the required inspection.
Supporting record: Plumbing Permit Application.
10/19/2024:
We held our final scheduled Open House, liquidated remaining retail inventory, and closed the farm store and regular public-facing farm operations.
This occurred approximately three weeks before receipt of the November cease-and-desist.
10/21/2024:
Jared requested the plumbing inspection while the rough plumbing remained exposed for inspection prior to backfilling and concrete work.
When the MRI inspector arrived, he informed us that the plumbing permit had been denied and declined to conduct the scheduled inspection. This was the first notice we received that the permit had not been approved.
During the visit, the inspector also raised concerns regarding the building permit, other structures on the property, and the intended use of the barn.
No plumbing inspection was performed.
I documented the visit in writing to the Town Administrator immediately afterward and requested clarification. Our attorney also sought information concerning the status of the project.
The next formal enforcement communication we received was the November 7 cease-and-desist.
Supporting record: October 21 Email Regarding Inspection Visit.
Email Regarding the Inspection Visit
10/22/2024:
The following day, we hand-delivered building-permit applications for the greenhouse, rabbit shed, and cabin so that any outstanding permitting questions concerning those structures could be addressed.
Town staff did not accept the permit fees at that time.
We later withdrew the greenhouse application after the Town determined that its size did not require a building permit.
Supporting records: Greenhouse Application; Rabbit Shed Application; Cabin Application.
Rabbit Shed Permit Application
Cabin Permit Application​​
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11/7/2024:
We received a cease-and-desist from the Town of Barnstead addressing multiple issues involving our property, including farm and agritourism activities, site-plan review, the barn project, plumbing, the cabin, and other existing structures.
The letter effectively halted progress on the barn project while those issues were addressed.
Several of the matters identified in the letter had already been raised with the Town or were the subject of permit applications submitted on October 22.
We referred the matter to counsel and prepared a written response with supporting documentation.
Supporting record: November 7, 2024 Cease-and-Desist.
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11/11/2024:
Our attorney submitted a written response disputing portions of the November 7 cease-and-desist and requested that the Town rescind it.
We provided supporting documents addressing, among other issues, the closure of public-facing farm operations, cancellation of business insurance, the septic design, and the status of the structures identified by the Town.
We also requested an opportunity to appear before the Board of Selectmen at its November 12 meeting.
Supporting record: Attorney Response to Cease-and-Desist.
Response to Cease and Desist Letter
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11/12/2024:
Jared and I appeared before the Board of Selectmen to discuss the cease-and-desist and answer questions concerning our property.
We addressed the exposed plumbing, the approaching winter construction deadline, and the intended completion of the ADU.
The Board indicated that it had reviewed our written submission and would respond.
After the meeting minutes were published, we learned that discussion concerning our property continued after we had left the meeting.
Supporting record: Board of Selectmen Meeting Minutes.
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Board of Selectmen Meeting Minutes
11/20/2024:
At the Town's request, we submitted a revised plumbing permit application omitting the proposed future kitchen area.
The bathroom and future kitchen rough plumbing had already been installed and remained exposed pending inspection.
We requested confirmation that plumbing work and inspection could resume so the trenches could be repaired, inspected, and backfilled to prevent damage to the delicate exposed piping and leveling.
Supporting record: Revised Plumbing Permit Application.
Revised Plumbing Permit Application
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11/26/2024:
We were informed that the Board of Selectmen would discuss the matter at its November 26 meeting.
Following that meeting, the cease-and-desist remained in effect and the plumbing permit had not been reinstated.
We did not receive a written decision explaining the basis for continuing those restrictions.
12/3/2024:
We had been informed that the Board expected to discuss the cease-and-desist with Town counsel.
We were subsequently advised that the consultation did not occur and would be attempted again the following week.
At that point, we had not received a substantive written response to the November 11 letter from our attorney addressing the cease and desist.
12/4/2024:
With the cease-and-desist still in effect and no resolution of the disputed issues, we filed an appeal with the Barnstead Zoning Board of Adjustment.
The complete appeal and supporting exhibits are preserved below.
12/12/2024:
Shortly before the scheduled ZBA appeal, the Town revised the November 7 cease-and-desist.
At the time of revision, outstanding permit and inspection issues remained, including the plumbing permit and permits associated with other structures identified in the original enforcement letter.
Supporting record: Revised of Cease-and-Desist.
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12/13/2024:
The Town confirmed that the greenhouse identified in the cease-and-desist did not require a building permit because it was below the applicable size threshold.
We had previously notified the Town of the greenhouse dimensions and submitted a permit application on October 22 in an effort to resolve the issue.
Supporting record: Updated Town Notice Regarding Greenhouse.
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Updated Notice Regarding the Greenhouse
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12/13/2024:
Following revision of the cease-and-desist, Building Inspector Fab Cusson published a lengthy statement concerning our property and permitting history in the Barnstead NH Community Facebook group.
In that statement, he discussed our cabin, farm activities, the cease-and-desist, and his prior involvement with our property. He also confirmed publicly that he had recused himself from inspecting projects on our property.
Because these statements were made publicly by a municipal enforcement official concerning an active permitting dispute, we preserved the post as part of this record.
Readers can review the statement directly below.
Supporting record: Public Statement by Building Inspector Fab Cusson.
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12/19/2024
During the December 19 Planning Board meeting, the Board discussed the Town's short-term-rental permitting process.
The meeting record reflects that the newly contemplated permit application was not yet available to the public.
We preserve this discussion because the November cease-and-desist had referenced short-term-rental permitting requirements in connection with our property.
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12/20/2024:
The Town issued a building permit for the existing rabbit shed. We had originally submitted the permit application on October 22, 2024, after the structure was raised as an issue during the October inspection process.
The permit contains a written condition stating that the structure is “not to be used / converted into a dwelling unit.”
We are preserving that condition as part of the public record because the structure was permitted as a rabbit shed associated with our agricultural operation, and the restriction concerning residential use was added directly to the permit. We have not identified any request by us to use this agricultural shed as a dwelling unit.
Supporting record: Rabbit Shed Building Permit.
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​12/22/2024:
On December 22, 2024, Building Inspector Fab Cusson made additional public statements concerning our property, cabin, permitting history, and alleged short-term rental use in the Barnstead NH Community Facebook group.
Among the statements preserved in the post, Cusson wrote that he believed the cabin had been represented to him as a hunting blind and later became a public rental without the required approvals.
We dispute that characterization. The cabin had previously received a Town-issued building permit, and we have preserved the permit and related records in this chronology.
Because the statements concerned an active municipal permitting dispute and were made publicly by a Town enforcement official who had previously stated that he had recused himself from our property, we preserved the post as part of this public record.
Supporting record: December 22, 2024 Public Facebook Statement.
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December 22, 2024 Public Facebook Statement
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Excerpt from the public statement:
"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."
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Record note: The building permit issued for the structure describes it as a log cabin. We are preserving both the permit and the later public characterization so the records can be compared directly.​
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We have not identified any Town record provided to us establishing that the cabin had been rented to the general public.
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12/31/2024:
The Town issued the plumbing permit for the barn and ADU. Electrical permits were also issued for the approved barn and ADU project, including the 400-amp electrical service.
By the time the plumbing permit was issued, winter temperatures prevented the concrete work that had originally been planned for the fall.
The plumbing permit had originally been applied for on October 8, 2024. The scheduled inspection on October 21 did not occur, and the permit remained unresolved through the November cease-and-desist and its December 12 revision.
Supporting records: Plumbing Permit; Electrical Permit; 400-Amp Service Permit.
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Electrical Permit for 400 amp service
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When I picked up the permits, Town staff asked whether I objected to Building Inspector Fab Cusson having signed them. I stated that I did object because he had previously informed us and publicly stated that he had recused himself from projects on our property.
We had requested that inspection and permitting matters involving our property be handled through the third-party inspection arrangement, MRI.
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1/2/2025:
At the conclusion of the January 2 Planning Board meeting, the Board Chair raised concerns regarding social-media posts I had published on our privately owned farm page concerning the November cease-and-desist and our dealings with the Town.
I stated that the posts concerned our own property and municipal records and were not related to applicants or matters pending before the Planning Board. I also apologized to fellow Board members for any unintended effect the public dispute may have had on the Board.
During the discussion, Select Board member Diane Beijer addressed me concerning the dispute and my service on the Planning Board. She stated that the controversy had affected public perception of the Planning Board and suggested that I resign.
I declined to resign.
The discussion occurred during a public Planning Board meeting and was recorded; the topic did not appear on the published agenda.
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6/5/2025:
We appeared before the Barnstead Planning Board to clarify whether our agricultural and agritourism activities required site-plan review.
During the discussion, we presented examples of other Barnstead New Hampshire farms conducting similar agricultural and agritourism activities and raised the question of whether those activities, by themselves, required site-plan approval.
The Planning Board concluded that a farm operating as a farm and engaging in agritourism did not require site-plan review merely because of those activities, while noting that separate or non-agricultural business uses could be subject to additional review.
This determination was significant because the November 2024 cease-and-desist had previously asserted that agricultural uses, including agritourism, were subject to site-plan review in connection with our property.
Supporting record: June 5, 2025 Planning Board Meeting Minutes.
Record note: During the discussion, we identified comparable farms conducting similar activities without site-plan approval. The Board did not identify those agricultural or agritourism activities, standing alone, as requiring site-plan review.
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​Does Our Farm Require Site Plan Review
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8/8/2025:
During a rough plumbing inspection, MRI inspector Peter Rowell stated that he did not have a copy of the barn and ADU floor plan available for review.
We immediately forwarded prior correspondence dated October 21, 2024, November 20, 2024, and November 21, 2024 showing that plans had previously been submitted to the Town.
We asked the Town Administrator to ensure that the inspector had the records needed to complete his review.
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8/11/2025:
In an email to the Town Administrator, MRI inspector Peter Rowell wrote:
“Tell the owner if he has any question please have him call me if that is ok with you.”
Despite this invitation, we were not provided direct contact information for Rowell and continued to route inspection-related communications through the Town Administrator.
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8/12/2025:
MRI requested more detailed floor-plan and electrical information for the barn project.
The requested materials were submitted by email and also delivered in person. The Town Administrator then forwarded the documents to MRI on our behalf.
Because we were still communicating through Town Hall rather than directly with the assigned inspector, the Town Administrator remained the intermediary for the exchange of plans and inspection information.
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8/12/2025:
An internal email later obtained through an RSA 91-A request shows MRI inspector Peter Rowell asking Town Administrator Karen Montgomery to have former Building Inspector Fab Cusson review our barn “from the zoning side.”
Cusson had previously informed us in writing that he intended to recuse himself from projects on our property and had publicly acknowledged that recusal.
The August 12 email documents that Cusson continued to be consulted regarding our property despite that prior recusal.​
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Record note: In the same internal exchange, the Town Administrator referred to “no work to continue on the barn” as being stated in bold on an inspection report. The copy of the inspection report in our possession does not contain that language in bold. We preserve both records for comparison.
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8/13/2025:
An internal email thread later obtained through RSA 91-A shows Town Administrator Karen Montgomery asking MRI inspector Peter Rowell whether Jared should be instructed to stop work on the barn while outstanding issues were being reviewed.
Montgomery wrote:
“Is he to stop all work until the issues below are taken care of?”
Rowell responded that, based on the updated plan, he believed the building was not going to be used for agricultural purposes and recommended that a new building-permit application be considered. He further stated that, if the proposed use did not comply, the permit could be denied and the matter referred to the Zoning Board.
At that time, we had not received a formal stop-work order or permit denial.​​
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Record note: During our direct interaction with Rowell, he stated that he did not see a reason the permit would be denied. The internal August 13 email, obtained later through RSA 91-A, documents his simultaneous discussion with the Town concerning possible permit denial.
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8/21/2025:
Another internal email obtained through RSA 91-A shows the Town Administrator forwarding MRI inspector Peter Rowell an email from former Building Inspector Fab Cusson concerning the proposed woodshop in our barn.
Cusson wrote:
“IMO, Jared is a carpenter by trade, so I don’t see it as unusual that he’d want a woodshop on his property. If he is not indicating the woodshop is for a business or commercial use, I’d say he’s within our ordinance to build a woodshop for personal use without any further review from either PB or ZBA.”
We preserve this email because it documents Cusson’s continuing involvement in review of our property after his stated recusal and because it records his own interpretation that a personal-use woodshop would not require further Planning Board or ZBA review.
9/5/2025:
After Jared left MRI inspector Peter Rowell a voicemail on August 27 and followed up at Town Hall on August 29, he emailed the Town asking how inspections should be requested going forward.
Town Administrator Karen Montgomery responded:
“The best way is to continue to send me an email and I will contact Mr. Rowell.”
At that time, inspection scheduling and communication with MRI continued to be routed through the Town Administrator rather than directly between the property owner and the assigned inspector.
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9/5/2025:
The same email also reflects Town staff coordinating an upcoming inspection with the electrician and MRI.
We preserve this correspondence because it documents Cusson’s continued participation in the permit process after his stated recusal and provides additional context regarding how inspection scheduling was being handled at that time.
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9/8/2025:
We submitted a written request to the Town seeking clarification regarding how our permit applications and inspection requests were being processed.
Our questions included:
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who held authority for building inspections and permit review under the Town’s contract with MRI;
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why inspection communication was being routed through the Town Administrator;
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why former Building Inspector Fab Cusson continued to participate in permit processing after his stated recusal; and
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how the August electrical permit application had been handled.
We also submitted an RSA 91-A request for a copy of the Town’s contract with MRI so that we could confirm the scope of the inspector’s assigned authority.
Supporting records: September 8 Written Request; RSA 91-A Request for MRI Contract.
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At that time, we had received conflicting information regarding the status and processing of the August electrical permit. We therefore requested the underlying records so the permit history could be documented accurately.
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Email Requesting Details and Documenting
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Record note: On the same date, we received a text message from Fab Cusson reminding us to renew the barn permit. We preserved the communication because Cusson had previously stated that he would recuse himself from projects on our property.
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9/8/2025:
We received the signed electrical permit for the barn project.
The permit was signed by Fab Cusson, despite his prior written statement that he intended to recuse himself from projects on our property.
MRI inspector Peter Rowell had previously reviewed the electrical permit materials and communicated his approval.
Supporting record: Electrical Permit.
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9/10/2025:
After our September 8 written inquiry had not yet received a substantive response, we submitted a formal letter to the Board of Selectmen requesting clarification regarding the administration of our building permits and inspections.
The letter addressed the role of MRI, the continued involvement of Fab Cusson after his stated recusal, communication restrictions, and the handling of our electrical permit.
We advised the Board that, if the issues could not be resolved through written correspondence, we would request an opportunity to address them publicly at a Select Board meeting.
Supporting records: September 10 Letter to Board of Selectmen; Exhibits.
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Because we had received conflicting information regarding the handling of the electrical permit originally submitted in August, we submitted an RSA 91-A request seeking records documenting its receipt, review, approval, processing, and issuance.
Supporting record: RSA 91-A Request for Electrical Permit Records.
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91A for Electrical Application and Permit Information
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​9/16/2025:
Jared and I appeared before the Board of Selectmen to address concerns regarding the administration of our barn permit and inspection process.
We raised four principal issues:
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the scope of MRI’s authority under its contract with the Town;
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continued involvement by Fab Cusson after his stated recusal;
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delays and conflicting information concerning the electrical permit; and
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restrictions on direct communication with the assigned MRI inspector.
The Board responded that the August electrical permit had not been lost, but had been delayed in processing due to staffing shortages and vacations.
The Board also stated that permits were not being formally reviewed or approved by the Select Board, and that Cusson’s involvement had been limited to signing permits and answering zoning questions for MRI.
The Board further stated that Cusson would no longer contact us directly and acknowledged the need to clarify the communication and permitting process going forward.
Supporting record: September 16, 2025 Presentation to the Board of Selectmen.
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Presentation as Read to the Board​
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10/16/2025
Following our September 16 appearance before the Board of Selectmen, the Town created a dedicated email account for communication with MRI Building Inspector Peter Rowell.
Rowell instructed us to use the account to schedule inspections and communicate with him directly.
He also stated that he believed the only remaining inspection at that time concerned insulation in the small room attached to the ADU.
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From: MRI Building Inspector <mribuildinginspector@barnstead.org>
Date: Thu, Oct 16, 2025 at 3:34 PM
Subject: Inspections Barn/ADU
To: jared@redfoxcarpentry.com <jared@redfoxcarpentry.com>
CC: Karen Montgomery <kmontgomery@barnstead.org>
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Jared
As requested the town has set up a MRI building inspectors email.
Please use this to schedule inspections and communicate with me. I will try to check it at least once a day.
If you do not get a reply from me, please resend the next day.
I believe the only outstanding inspection is the insulation in the small room attached to the ADU.
I’m sure your electrician will call when he’s ready to have the PO service energized in your existing house.
Being a new email account, could you please let me know that you received this.
Sincerely,
Peter E.Rowell
MRI Inspector
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10/21-22/2025
On October 21, we asked the Town for a copy of the September 16 Board of Selectmen meeting recording after noticing that the meeting had not been uploaded to the Town’s YouTube channel while surrounding meetings had been posted.
On October 22, the Town Administrator responded that the recording device had captured only four seconds because the battery had died and that the failure was not discovered until the file was being prepared for upload.
The Town advised that the official written minutes remained available.
Supporting record: October 21–22, 2025 Email Exchange.
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Tue, Oct 21, 2025, 5:41 PM
to Karen, Jared
Karen and Board of Selectmen,
During our BOS meeting on September 16th, 2025 we observed that the video recorder was set up and recording the meeting, however, that particular meeting has not been uploaded or shared to the Barnstead Board of Selectmen (BarnsteadNH) YouTube channel. All other meetings consecutively have been uploaded but skipping this particular meeting.
Can we please get a copy of that video recording for that meeting?
Thank you,
Erin
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Wed, Oct 22, 2025, 11:00 AM
to me, Jared
Good morning Erin,
The recording of that meeting unfortunately failed due to the device running out of battery power after just 4 seconds. This wasn’t discovered until the file was to be uploaded. The recording device is now being checked regularly to ensure that it is operating at 100% power before the Selectmen’s meetings. The official minutes of the meeting is available here at Town Hall and on the website.
Sincerely,
Karen
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10/28/2025
MRI Building Inspector Peter Rowell issued the renewed building permit for the barn and confirmed that the August 12, 2025 floor plan would serve as the plan of record.
In the accompanying email, Rowell stated that the quilting room could not be used as a sleeping area, that the proposed future kitchen would require an additional permit before build-out, and that the second and third floors would remain storage areas subject to required safety improvements.
Rowell stated that these conditions would be considered at the time of Certificate of Occupancy.
Supporting record: October 28, 2025 MRI Email and Renewed Building Permit.
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Tue, Oct 28, 2025 at 9:33 AM MRI Building Inspector <mribuildinginspector@barnstead.org> wrote:
Jared
Attached is the signed building permit renewal for your barn project at 978 Providence Rd.
Please note that the attached plan you submitted on August 12 2025 is now the plan of record.
This is what the town will expect to see at time of Certificate of Occupancy (CO). It will also help to determine the barn’s use going forward.
The ADU floor plan has not changed, except for the addition of the quilting room within the main barn area
It looks like you intend to keep the quilting room as part of the barn with the fire rated assembly between the ADU and the barn, at the end of the barn. This room cannot be used as a sleeping area!
The plan shows a future kitchen area. This area will require an additional permit before the work starts, on the fit up.
The second and third floor will remain as storage with no finish beyond lighting and a few receptacles and any other safety related items such as handrails and guardrails. These will need to be completed at time of CO.
Please schedule additional inspections as required by the building codes
If you have any questions or feel that this narrative is incorrect let me know.
Peter Rowell
MRI Inspector​​
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11/14/2025:
Following the September 16 Board of Selectmen meeting, the Town created a new barnstead.org email account for communication with MRI Building Inspector Peter Rowell.
Prior Town records obtained through RSA 91-A showed that Rowell had previously communicated with Town personnel using another active email account and had indicated that the property owner could contact him directly with questions.
We therefore submitted a written request asking the Town to clarify:
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whether Town-managed email accounts were required for communications with MRI inspectors;
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whether the MRI contract authorized or required that arrangement; and
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why Rowell’s existing contact information had not been provided when direct communication was discussed at the September 16 meeting.
We also requested documentation showing whether the same communication protocol was used for other applicants.​
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1/26/2026
After the Windfall Cabin permit application remained unresolved (since October 2024), we filed an appeal with the Zoning Board of Adjustment alleging constructive denial and seeking review of the Town’s failure to act on the application.
Supporting record: ZBA Agenda.
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2/3/2026
We submitted a formal written request concerning the November 2024 cease-and-desist and its continued presence in the Town’s records following its December 2024 rescission.
We requested that the Town clarify and correct the record regarding the rescinded enforcement action.
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2/3/2026
The November 2024 cease-and-desist had identified the Windfall Cabin as requiring a building permit.
We had submitted a permit application for the structure on October 22, 2024, before the cease-and-desist was issued.
As of February 2026, the application remained unresolved. We therefore submitted a formal preservation-of-record notice and demand for action on the outstanding permit application.
Supporting record: Preservation of Record and Demand for Immediate Issuance.
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Preservation of Record and Demand for Immediate Issuance
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2/4/2026
We submitted a formal written complaint to the Town concerning the conduct and public statements of Building Inspector Fab Cusson and requested corrective action.
The Town Administrator acknowledged receipt of the complaint the same day.
Supporting record: Formal Complaint and Request for Corrective Action.
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Formal Complaint and Request for Corrective Action
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Feb 4, 2026, 12:39 PM
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Erin,
I acknowledge receipt of this email.
Sincerely,
Karen Montgomery
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2/4/2026
Town counsel responded that the Town believed the permit application did not adequately identify the intended use of the structure and stated that the Town could deny the permit on that basis.
Counsel further stated that the Town would instead issue the permit with conditions addressing the intended use.
Supporting record: February 4, 2026 Email from Town Counsel.
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"Wed, Feb 4, 2:41 PM
to me
Good afternoon,
I have conferred with the building inspector about your communication. I note that in your statements made on Monday evening and in the documents you attach to your February 3 correspondence, you tell the town what you will not be using the cabin for, but you continue to refuse to tell the town what you will be using it for. The town could reasonably deny your permit for this reason.
However, the town will issue you a permit with conditions necessitated by your refusal to provide information about your intended use. It will take a couple of days to process the permit; a representative from the town will be in touch when it is ready.
Michael J. Malaguti
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Attorney
D| 603.792.7402
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2/5/2026
Thu, Feb 5, 11:03 AM
to mribuildinginspector, Karen, Jared
Hello Peter,
On January 12, you conducted a gas piping inspection at our property. Following that inspection, an inspection report was sent to Jared; however, it was not the correct report.
On January 13, Jared promptly notified you of the error and requested the correct inspection report. As of today, we have still not received it.
Please consider this a formal follow-up request. We are asking that the correct inspection report from the January 12 gas piping inspection be provided to us immediately.
This report is now significantly overdue, and we need it for our records without further delay. If there is any issue preventing you from sending it, please advise us promptly.
Thank you for your immediate attention to this matter.
Sincerely,
Erin Stone
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2/5/2026
Feb 5, 2026, 3:54 PM
to mmalaguti
"Counsel,
The building permit application was complete upon submission and included all information required by the Town’s permit form. No written request for additional information was issued within the statutory timeframe. As a result, discretionary review was forfeited, and the Town’s duty to act is ministerial. The absence of a narrative describing speculative or future use does not render the application incomplete and is not a lawful basis for denial.
The structure is physically incapable of functioning as a dwelling unit. It contains no plumbing, no sanitary facilities, no water supply, no septic or waste disposal, no electrical service, and no insulation or life-safety systems required for human habitation. As constructed, it can only qualify as an accessory structure under the zoning ordinance. Any future change in use would, as a matter of law, require separate review and permitting at that time.
Imposing conditions intended to regulate hypothetical future use or speculative intent is improper and exceeds the Town’s authority where the structure is already non-dwelling by design. At the recent ZBA hearing, Town counsel acknowledged that permit issuance is possible upon confirmation of non-dwelling and non-STR use—confirmation that has already been provided repeatedly and on the record. There is therefore no remaining basis to delay or condition issuance.
Please advise when the permit will be issued.
Sincerely,
Erin Stone"
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2/5/2026
With the Windfall Cabin permit still unresolved, we filed a petition for writ of mandamus in Superior Court seeking an order requiring the Town to act on the permit application.
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2/9/2026
Following service of the court filing on the Town, the Windfall Cabin building permit was issued.
Supporting record: Proof of Delivery to Town Hall; Building Permit.
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Proof of Delivery to Town Hall​
2/12/2026
Thu, Feb 12, 6:55 PM
to MRI, bcc: Jared
Dear Peter,
I am reviewing the recently issued building permit for the Windfall Cabin and would appreciate clarification regarding the occupancy language stating that the structure “shall not be used for sleeping, living, or overnight residency.”
For my understanding and records, could you please identify the specific provision of the Barnstead Zoning Ordinance or the State Building Code that forms the basis for this condition?
Thank you for your time and assistance.
Sincerely,
Erin M. Stone
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2/18/2026
From: Peter E Rowell <prowell49@icloud.com>
Sent: Wednesday, February 18, 2026 3:10:10 PM
To: MRI Building Inspector <mribuildinginspector@barnstead.org>
Subject: 948 Provenance Road - Shed Permit
This is in response to your email of February 12 requesting the provisions we used in issuing the permit for your shed (Windfall Cabin).
This permit was issued “After the Fact” for a building that was constructed without applying for or receiving a permit as required by town and state rules. (See IRC section R105 Permits)
We also have reason to believe that the shed has been used for over-night stays in the past.
The submitted permit application but did not describe the "use"of building. IRC section R105.3 requires that the use and occupancy need to be indicated on the application.
If you want to use this building for anything other than what was described on the building permit (#2026000044) you will need to apply for different permit showing the intended use.
If you want to use this building as a cabin for overnight occupancy the building will need to meet the requirements for a dwelling unit per International Building Code.
A cabin is define by Merriam-Webster as a “small one-story dwelling usually of simple construction”.
Use of this building as a cabin will be the third dwelling on your property and will most likely require a variance for that use.
Be sure any new application clearly shows, per plans and narrative, how the final building will be used and that it complies with all requirements for a dwelling.
Peter E. Rowell
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3/11/2026
Wed, Mar 11, 3:45 PM
to Karen
Karen and the Barnstead Board of Selectmen,
I am writing to follow up regarding the formal complaint I submitted concerning the conduct and social media activity of Building Inspector Fab Cusson. As reflected in the email chain below, you acknowledged receipt of that complaint on behalf of the Town.
To date, I have not received any indication from the Town as to whether the matter has been reviewed or whether any action will be taken in response.
For clarity of the record, please advise whether the Town intends to review the complaint or otherwise address the conduct described. If the Town does not intend to take any action, I would appreciate confirmation of that as well.
I am forwarding the original email chain below for reference and copying the members of the Barnstead Board of Selectmen so that the Board is aware of this follow-up.
Thank you for your attention to this matter, and I look forward to your response.
Sincerely,
Erin Stone
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3/11/2026
Wed, Mar 11, 3:54 PM
to Karen
Karen and Barnstead Board of Selectmen,
Following my email earlier today regarding my formal complaint about the conduct and social media activity of Building Inspector Fab Cusson, I realized that an additional piece of documentation should also be included for completeness of the record.
On March 8, 2024, I sent you an email documenting my concerns about Fab Cusson’s conduct during the March 7 Planning Board meeting and my concern regarding potential retaliation. That correspondence relates directly to the circumstances referenced in the formal complaint.
For completeness, I am attaching that March 8 email again here so it is included alongside the complaint and follow-up correspondence.
Thank you.
Erin Stone
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3/12/2026
Thu, Mar 12, 1:21 PM
to me
Erin,
This will be forwarded to the Town Attorney.
Sincerely,
Karen Montgomery
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5/18/2026
May 13, 2026, 3:29 PM
to Jared
Good afternoon Peter,
Thank you for completing the May 6, 2026 inspection of the ADU and attached barn structure.
We are writing regarding one statement contained within the inspection report in order to ensure the record accurately reflects the plans previously submitted to MRI and the Town.
The report states:
“The use of area, shown on the latest plan, labeled ‘One Car Garage’ has been changed to living space…”
We respectfully request clarification and correction of this statement. The updated floor plan submitted to MRI and the Town in August 2025 identified this area as a “Quilting Room,” not a “One Car Garage.”
Additionally, this area was not proposed or represented as dwelling or living space. The quilting room remains part of the accessory barn area and is separated from the ADU by the fire-rated wall and door assembly referenced elsewhere in the report.
Because the report appears to reference the latest submitted plan, we respectfully request that the narrative be corrected or clarified to accurately reflect the submitted layout and use description.
We also respectfully request that any corrected or amended narrative be provided to us by email for our records.
Thank you,
Erin Stone
Jared Hanselman
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5/20/2026
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9/4/2026
MRI issued its inspection report following the final inspection of the barn project.
The report identified remaining items and included commentary regarding the use and occupancy of portions of the barn.
We preserved the report in full and subsequently submitted a written response requesting clarification and correction of portions we believed went beyond objective building-code and safety issues.
Supporting record: September 4, 2026 MRI Inspection Report.
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9/10/2026
We submitted a written response to the September 4 MRI inspection report.
Our response distinguished remaining building-code and safety items from use-related or interpretive statements in the report and requested clarification regarding the legal and factual basis for those statements.
Supporting records: Response to MRI Report; Request for Clarification.
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9/10-15/2026
After receiving no response from either the MRI inspector or Town Administrator to our request for clarification, we sent a follow-up email.
The concern was straightforward: during the May 6 and September 3 inspections, we were never told that a complete smoke-and-heat detection system throughout the entire barn was required. The ADU had already received its Certificate of Occupancy and was occupied. Then, following the September 3 inspection, the written MRI report required the detection system for the “complete barn and apartment” to be operational, with a 10-day timeframe. Our electrician also reported that the ADU Certificate of Occupancy had been discussed as potentially being affected if the work was not completed.
Rather than refuse or delay the work, we installed smoke and heat detection throughout the barn. This email simply asks MRI to explain in writing what changed, what code and occupancy classification support the requirement, whether it relates to the barn, the ADU, or both, and whether anything else remains outstanding for final approval. If the heat and smoke system was required for safety for the ADU, wouldn't have been required when issuing the CO?
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9/17/2026
Seeing no response from the town or the inspector we have submitted a 91a request and Preservation of Record related to the inspection and report.
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