Gilmanton winery owner files for zoning exception for restaurant that has been operating since 2011

GILMANTON — A winery owner and selectman, Marshall Bishop, will go before the Zoning Board of Adjustments on Sept. 15 to ask for a special exception to operate a restaurant in the town's rural zone.

Bishop, who has recently come under fire by some for allegedly not having the proper local approvals to operate a restaurant at his winery and alpaca farm, has said he doesn't believe he needs the special exception because his use falls under the state agriculture and agritourism laws and is allowed by right.

Specifically, Bishop has asked for a special exception from Article 4 - Table 1 of the town's zoning ordinances. In his application, he describes the proposed use as "running a function area as described in the Planning Board minutes of June 9, 2011." He said the special exception is to run a restaurant.

Article 4 -Table 1 of the current town ordinances, as they appear online on the town website, say that operating a new restaurant building in a rural zone is not permitted, meaning it needs a variance, while making adjustments to an existing building to turn it into a restaurant requires a special exception.

During the June 9, 2011 meeting, the Planning Board gave him site plan approval for what minutes say is to "operate a winery and social hall to facilitate gatherings in the converted downstairs of the home into an dining and function area to be open to the public with one sitting each night with no more than one bus tour per day between July and October each calendar year..."

Conditions were that the site plan be be signed and recorded, however it appears that never happened. Bishop said the plan needed to be recorded and signed by the Planning Board and that he shouldn't be penalized for an administrative oversight.

At the most recent Planning Board meeting, Chairman Wayne Ogni made it clear that his board was willing to work with Bishop to get him to where he needs to be as far as the town ordinances are concerned.

Bishop also said he was never told in 2011 that he needed any variances or special exceptions to facilitate his plan as presented to and approved by the Planning Board.

The Planning Board minutes also note that his site plan approval "is subject to expiration, revocation and changes in ordinances under town regulations and state (laws.)"

Earlier this year a state law defining agritourism by right as part of the state statutes for agriculture was passed by the legislature and signed into law by Gov. Maggie Hassan.