GILFORD – A standing-room only crowd was on hand at Tuesday night at the Planning Board meeting for 2 ½ hours, only to hear that the site plan review for an agritourism proposal from Andy and Martina Howe of Timber Hill Farm will be delayed for at least two weeks for legal reasons.
Member Norman Silber said he didn't believe the application was complete because many of its documents referenced Timber Hill Farm LLC, which is not a company owned or operated by the Howe but an administratively dissolved limited liability company from Deerfield.
While the Howes have filed paperwork with the N.H. Secretary of State, Department of Corporations for a trademark registration for the name Timber Hill Farm, they do not operate Timber Hill Farm LLC.
The Howes' attorneys, Patrick and Ethan Wood, said the application for site plan review was requested by Andrew and Martina Howe and not by Timber Hill Farm LLC; however, board members unanimously agreed they would rather be careful than wrong and agreed to contact the town attorney for advice.
According to Town Planner John Ayer, who spoke to the Sun yesterday on the telephone, the application was submitted by the Howe's as individual people however the site plan review and the request for "farm-to-table" events were submitted on or about October 1 under the name of Timber Hill Farm LLC.
Last night, Ethan Wood handed out a site plan review that was dated Jan. 19, 2016, and listed Andrew Howe as the applicant. Ayer said the site plan review was delivered by email to his computer at 4:58 p.m. and he didn't get to review it until the meeting, which started at 7 p.m.
Within that packet were two documents with Timber Hill Farm LLC as the protagonist. One is signed by Isaac Howe and says he is the permittee that can have a bonfire and was issued by the N.H. Department of Resources and Development. The other is a bill from United Safety Services LLC that billed Timber Hill Farm LLC for some safety work done at 300 Gunstock Hill Road.
The packet all includes a permit to operate a place of assembly issued jointly to Timber Hill Farm and Great American Dining, Common Man Family – the third party company that actually caters the events at 285 Gunstock Hill Road. It is signed by Deputy Fire Chief Brad Ober.
Since the Board of Selectmen have ordered the Planning Board to review the site plan request within 30 days of the selectmen's last meeting, the Planning Board announced it would review the site plan at its next meeting on Feb. 8 and still be within the mandates of the selectboard.
As of yesterday at 5 p.m., the town attorney had not given an opinion to the Planning Director or Town Administrator.
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