What would you do if your dream home was nearly built and you were ordered to tear it down? That’s what happened to Dave and Donna Bates of Andover.
    Before the couple purchased land along Eagle Brook, they checked with the town to be sure it was a buildable lot. With that assurance, they bought the land, received a building permit from the town and septic design approval from the state.
    The Bates couple so loved the setting, they were married there in the summer of last year. It is a peaceful spot surrounded by trees, with the shallow stream marking their southern and westerly boundaries.
    With all of the necessary permits in hand, construction on their new home began and by January, the house was progressing nicely. The exterior walls were up, the roof was on, windows installed, and the wiring was being strung, but the January winds not only brought the cold, they brought despair.
    “We received a letter from the State Department of Environmental Services saying we were not in compliance with the law. They told us to stop construction immediately and tear the house down! Every last bit of our savings was poured into this,” Dave said.
    The couple was frantic. They called DES, where they were told they did not have the required setback from the waterway, and DES could not make any exceptions.
    “But we had all the necessary permits,” Donna said. “Our attorney told us to contact our representatives, so we called Representative  Natalie Wells, Representative. Anne Copp and Senator Harold French. Natalie made a point of finding people to tell our story. She reached out to be sure all the bases were covered, and she didn’t give up.”
    The day after Donna spoke with District 1 Executive Councilor Joe Kenney, he drove out to Andover during a snowstorm to view the situation.
    “I want to do the right thing for our citizens and take care of NH families, so I went to DES to clarify the Cease and Desist order. It was important to protect their ownership,” Kenney said.
    Executive Councilor Kenney got to the bottom of the problem: the state had changed the name of the stream and it was reclassified, which required a greater setback. Because of a mix-up, that information was not relayed to the town.
    “We didn’t have a voice, but Representative Wells and Executive. Councilor Kenney both advocated for us,” Donna said.
    Very quickly the DES Commissioner and staff, the Senior Assistant Attorney General and the Governor were involved. When the issue was finally resolved, construction resumed and the family breathed a deep sigh of relief. Now, Dave and Donna Bates and their three children are grateful to be living in their modest home near Frazier Brook.
    “I’m just happy to have worked with the family to make sure their dream materialized,” Representative. Wells said. “It was a stressful time and I’m proud to have been able to help them. They’re a fantastic family.