Timber Hill Farm owners bring new agritourism proposal to Gilford

 By THOMAS P. CALDWELL, LACONIA DAILY SUN

GILFORD — Andrew Howe of Timber Hill Farm has submitted a new application seeking planning board approval of plans to hold farm-to-table dinners and other agritourism activities at the 263 Gunstock Hill Road property — something that has generated a great deal of controversy and led to court action in the past.

The new application, which the town’s site study committee reviewed on Monday, does not include some of the more controversial elements of previous plans, eliminating the use of a temporary tent and a lot across the street for large functions such as weddings.

The site study committee, comprising members of the conservation commission and police, fire, land use, and public works departments, looks at land use applications from various standpoints, according to Planning and Land Use Director John Ayer. He said everyone on the committee was familiar with the Howes’ agritourism concept and on Monday had very few questions about the new plan, which will go before the Gilford Planning Board next Monday.

Andrew and Martina Howe’s agritourism plans have faced strong opposition from some in the community, including neighbor Monique Twomey, who sued to prevent such activities on the property after the Howes began holding weddings there in 2015. Twomey said there was a large tent about 250 feet from her own property, and cited noise and disorderly conduct by the parties during those events.

In court filings, Twomey cited a 2014 Supreme Court ruling (Forster v. Town of Henniker) which found that agritourism is not the same as agriculture under the applicable state statutes. Twomey maintained that the growing of produce and the raising of livestock are appropriate activities on agricultural property, but not weddings and other events that are non-agricultural in nature.

The Zoning Board of Adjustment had ruled that farm-to-table events and weddings are allowed uses on the property, but the Planning Board disagreed, and Belknap County Superior Court Judge James O’Neill subsequently overturned the ZBA ruling, saying the members had improperly interpreted the term “agriculture” in the zoning ordinance.

The NH Legislature last year amended the definition of agriculture in state statutes to include agritourism, and the town of Gilford amended its zoning ordinance to allow agritourism, with restrictions, including at least a 500-foot setback from other dwellings or structures and controlling noise and the use of alcohol. It also limits the number of attendees at events to 250 persons.

Timber Hill Farm’s new application will be one of several going to a public hearing before the Gilford Planning Board on Monday.

Stone Brook Hills LLC already has site plan approval to hold outdoor events at 123 and 128 Glidden Road, but wants to make a barn and other buildings on the property available in case of inclement weather. Ayer said the fire department had been reviewing how the buildings would be used and their suitability, so a lot of potential issues have been resolved over the past few months, but the expanded use requires an amended site plan.

Paugus Bay Marine Center and Storage Facility LLC has a proposal to erect four boat storage buildings and a marine light repair shop on land at 26 Gilford East Drive, on subdivided property owned by Watermark Marine. Ayer said the buildings will be largely hidden from the road, and will be built in two phases, with the first two buildings going up initially, with some boats stored outside until the second phase brings two additional storage buildings and the maintenance shop.

Two other public hearings will involve Pem Real Estate’s plans to expand four offices on Hounsell Avenue and DGET Realty’s proposal for a building addition.