Stoddard NH, a small town.

Neighbor against neighbor - will residents of Hidden Lake be safe this winter?
By Michele Vizzo

Ben Wilder is being held responsible for unsafe winter driving conditions in the Hidden Lake Community of Stoddard New Hampshire. His company had been hired for a single year contract, but his work has been unsatisfactory to residents.

A meeting was held Oct. 10 to discuss a possible breach in Wilder’s contract. The Bylaws state the Board cannot extend any contract for more than a year, while Wilder’s argues that a delayed response to his contract leaves him the right to the roads. 

Counsel Maria Galvin was hired to defend the Board against the lawsuit filled by Wilder. 

Wilder read the bottom section of his plowing contract with the Association where it states “a decision must be made by Aug. 1 for weather or not the contract would be extended.” He went on to say that he received a letter from the Association lawyer dated Aug. 6.

President Dennis Pellegrino restated that the Board cannot extend a contract beyond one year and Gavin said that there was no signed extension and no suit on his contract. “But Wilder can sue for the $33,000.” 

Gavin said that it was made very clear by the members present at the June meeting that Wilder has failed to properly maintain the roads this past winter.

Wilder stated that he was not yet decided if he is going to sue for the breach of contract. He also said that he never left the roads “unsafe” and it was his decision when to sand and plow. 

Vice President Kristin Newell stated it was not his job “to tell people how fast or slow to drive, but to make the roads safe”. 

A vote was taken to decide if Wilder’s contract should be extended. The 33 members voted: YES - 7 and NO- 26. Ben Wilder’s contact will not be extended by a vote of the members present. 

Other snow plowing bids ranged from $37,195 - $108,000. 

Resident Paul Dionne asked if their insurance would cover the inevitable lawsuit. Answer: probably not. 

Questions were asked if there was money in the budget for the lawsuit against the Board. Gavin said that the budget for the lawsuit would probably be around $2,000 now, and could easily go up to $10,000. It was recommended that additional funds were set aside for the Board’s defense, but this would “affect the budget for road upgrades or would require an increase in assessments“. 

Hidden Lake resident, Roy Morotta read a petition from 100 full-time members about last year’s  snowing plowing. He said, “the members were concerned about the poor job done; the resulting conditions on our roads; the hope it wouldn’t occur again.” He also made a plea to Wilder to drop the lawsuit and asked him to join with us as neighbors. 

Gavin said they were open to settling and that Wilder should have his attorney call her. 

Wilder is also in conflict with Hidden Lake bylaws, specifically for parking heavy equipment on his property. By state law, equipment whish is used may be driven onto the property and off again for business. Wilder states that all of the equipment is his own personal property - therefore not violating the law.