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" In accordance with the Town of Dunbarton's Code of Ethics, as adopted on March 13,2001 Section I. C. - Duty to Disclose I would like to publicly and for the record state that my wife Deborah, is currently employed by J. E. Belanger Land Surveying (Jacques Belanger) as the office manager.
As a member of the Town of Dunbarton ZBA, I feel that I can give the Applicant fair and equal treatment as it relates to this evening's request for a Special Exception. Additionally, I feel I am not prejudiced to any degree regarding the pending matter, and I believe I can be totally fair and impartial. "
Mr. Doucet stated there was no problem with John Trottier serving as a voting member of the Dunbarton Zoning Board of Adjustment with regard to the Guy and Dawn Doucet request for a Special Exception.
Members of the Board also indicated they did not have a problem with John Trottier serving.
Guy Doucet presented a Certified Plot Plan of the Property. (attached)
At this point in the meeting, Attorney Andrew H. Sullivan, representing his clients, Guy and Dawn Doucet presented the request to the Zoning Board of Adjustment as follows:
Attorney Sullivan stated that Mr. Doucet sorts logs on his property. He cuts trees and then brings them to his back yard and delivers them back out. He doesn't cut the wood, doesn't plane it. It is not a Warehouse. It is not a mill. All he does is sort the wood. There is a couple of trucks a week. Does have a Mack Truck himself. It makes a diesel sound. On occasion he has to go out at night and it makes a noise like a Mack diesel truck. This is a very minimum operation. Only employees on the premises are he and his wife. Sometimes he is helping load the trucks. In other Towns this could be a Home Occupation but not in Dunbarton. This doesn't make a noise beyond an ATV or motorcycle. This doesn't depreciate property values. Presented a statement from Forth and Long Real Estate regarding the fact that the business does not diminish the value of either the subject lot or of the other lots in the Jacqueline Drive subdivision. (attached) You cannot see the operation from the street. Plans to put up a 6 foot stockade fence on the northerly boundary. He doesn't have any overnight trucks on the street. It is just a simple operation. Doesn't use any building. There is no building. He does a pallet of mill wood for his own use. He will not be selling it.
John Trottier asked how the determination was made by Attorney Sullivan that this was a Home Occupation.
Attorney Sullivan stated that this was similar to an antique dealer. He takes in antiques and retags them and sell them. He has trucks in and out.
Kenneth Swayze stated that if you review the requirements for a Home Occupation, there can be no more than one vehicle being used on the site. A Home Occupation is more of a quiet operation.
Attorney Sullivan stated there is only one vehicle (Mack Truck) which uses different trailers. The log loader is operated by the engine of the Mack truck so whenever you are sorting the logs, the Mack is running.
Mr. Doucet stated it usually takes about 45 minutes to load the trailer. When he brings logs in, he brings the truck in to load the trailer. The truck is a legally registered vehicle, is inspected every six months, etc. Operates at 1000 RPM to run the pump for the loader.
Dan DalPra asked how many employees he had.
Guy Doucet stated he had three employees but they do not come to the house only to pick up paychecks, etc. He meets them on the job.

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At this point in the meeting, John Herlihy read the RSA as it relates to forestry in New Hampshire. (attached)
John Herlihy read the requirements for a Special Exception. Attorney Sullivan addressed the questions as follows:
a. No detriment to property values in the vicinity of the proposed development will result on account of: the location or scale of buildings, structures, parking areas or other access ways; the emission of odors, smoke, gas, dust, noise, glare, hear, vibration, or other pollutants; or the unsightly outdoor storage of equipment, vehicles or other materials.
Answer: No detriment to property values in the vicinity results. There is no building or structure. There is no off site parking need or use. Trucks come and go directly into the backyard and once there, are unseen from the street, and other than for the northern abutter (a 6 foot stockade fence will be up on the northern line in the Spring), are unseen by any other neighbor. No bothersome emission of odors, smoke, gas, dust, glare, heat, vibration or other pollutants exist. No unsightly outdoor storage of equipment, vehicles or other materials exist, and it they did, would be unseen by others. The only noise produced is the normal noise that would be produced from any other neighbor starting his truck and going to work. Albeit, at any time of the day or nights. While the hours of this truck noise may be considered bother some to some neighbors, such noise is normal and reasonable as any homeowner in any location in Dunbarton is capable of producing the same noise if they work at odd hours. Clearly, the activity of Mr. Doucet's business is not a detriment to the neighborhood or property values.
b. No hazard will be caused to the public or adjacent property on account of potential fire,
explosion or release of toxic materials.
Answer: Other than a 250 gallon, above ground tank for his truck's diesel fuel, there is no hazard of fire, explosion or toxic material as no inflammable liquids or explosives or toxic materials are used on site.
c. No creation of a traffic safety hazard or substantial traffic congestion in the vicinity of the
proposed development.
A few trucks a few times a week does not create any safety or traffic congestion. Mr. Doucet leaving in the middle of the night also does not create any safety or traffic congestion nor create any additional noise different than any other homeowner leaving for work in the night. Sure, his Mack truck may be a little louder than a passenger car, but it is no louder than other trucks.
d. No excessive demand on municipal services and facilities, including, but not limited to waste
disposal, police and fire protection and schools.
Answer: Mr. Doucet's business makes no demand whatsoever on municipal services or facilities.
e. The proposed use will not result in the degradation of existing surface and groundwater water quality standards, nor will it have adverse effects on the natural functions of wetlands on the site which would result in the loss of significant habitat or flood control protection.
Answer: Mr. Doucet's business has no impact on surface water, ground water or wetlands.
f .
in addition to the standards specified above, special exceptions may be subject to appropriate conditions including the following:
(1) Front, side, or rear yards in excess of the minimum requirements of the Ordinance:
Answer: No building encroaches into any setback.

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(2) Screening of the premises from the street or adjacent property by walls, fences, or other
devices;
Answer: Backyard is only visible from the northerly neighbor and a 6' stockade fence will be put on the boundary line when the ground thaws in the Spring, blocking his vision onto Mr. Doucet's back yard area when he sorts his logs.
(3) Limitations on the size of buildings and other structures more stringent than minimum
or maximum requirements of this Ordinance;
Answer: No buildings are used.
(4) Limitations on the number of occupants and methods and times of operation;
Answer: Bringing the logs in and removing the logs are done during normal daytime hours. Mr. and Mrs. Doucet are the only employees who work in the dwelling.
(5) Regulation of the design and location of access drives, sidewalks, and other traffic
features;
Answer: Trucks use the normal driveway and come right into and leave from the back yard.
(6) Location and amount of parking and loading spaces in excess of existing standards;
Answer: Loading and unloading and parking are in the back yard. No setbacks are encroached upon.
(7) Regulation of the number, size and lighting of signs in excess of existing standards.
Answer: No signs are used.
Attorney Sullivan stated that Mr. Doucet sometimes starts early in the day. May have to leave at 3 AM to get to the job site. This is no different than someone who works for a Fire or Police Department or ambulance service. It doesn't happen every night but it could happen once in a while.
John Trottier asked if the (Doucet) would have a problem if we limited your hours of operation.
Doucet stated that depending on the time and if he could work with the coming and going.
Abutters were read as follows and noted all had been notified by Certified Mail:
Jason/Jody Davies - Present. Stated that he told him before when this issue came up that I don't think what Guy does is exceptional. My wife is home all day and has never complained about the noise. It is not like he is driving up and down the road. I have never heard the Mack start in the night. I would have to say I have never been woken up. We all do different things for work. We are not all office people and trades people.
Tony/Christine Pelletier - Present. Stated what was presented was a little minimized as to the amount of dust, and I am the closest neighbor and would hear the most. How much that would affect the property values? I would not have moved into a house next to a logging operation. Just from speaking with people who are in the business. Log piles are like rock piles and do fall down and my kids shouldn't be over there, etc. Concern about noise and dust. He stated there was about ten vehicles a week involved. He is not just leaving in the morning and coming back at night. He stated there was about 7 or 6 Yz loads a week.

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Brad AshburylDonna Fleming - Present. Donna Fleming stated there are other drivers coming up and down. I had a reason to be home over the last several years. There are two a day. This is the first time we have had a chance to speak. There has been some attempt to try to not go by either early or late. That attempt has been made. Mr. Doucet needs to be able to drive up and down.
Brad Ashbury - Stated that the couple of times I was home, the trucks were going back and forth seven days a week, 15 hours a day. At 3- 4 am. Loads of logs and they were not all Mr. Doucet's. His workers are going up and down the road. When we moved to Dunbarton, we thought this was a Low Density Residential area. This is a development of four homes. It was supposed to be a Residential area. This is not a big company. This is very important. We did not want this to be a big issue. The Town really has to take a look at this. Stated that he would think someone would check on the rules, what does the Town do after he (Mr. Doucet) has been in business for three or four years? Not right for the taxpayers and the neighbors. Just because the road was not a Town Road previously, nothing was done in the beginning. Now the road is a Town Road.
Kimberly Bowen - Present. Stated she does not see the operation from her house but do hear the trucks and it goes seven days a week. I enjoy the wildlife. I have noticed a big shift in the wildlife patterns. A lot of the deer have moved out of the area. That is my concern.
Other Members of the Public:
Tim Twitchell, 268 Robert Rogers Road - Stated he sees as many deer as he ever has seen and he has been there since 1991. I am out a lot on weekends. You move in from the city. It is pretty much quiet and always has been. If you are going to move in, don't complain about other people moving in. He (Doucet) works hard and is pleasant. He doesn't run his equipment as much as these people are saying. It is really not fair for these people to say these things. Heard it once during the day, and it was during the middle of the day. There is no more noise than when people are building ten houses over the years. I can't hunt now because of the houses. Hear more complaints from the neighbors about deer chewing their shrubs. Usually the deer run right across the road. Everyone else has moved in. You are not going to get peaceful quiet.
Bill Nichols - Stated Dawn Doucet is his daughter. He and his wife go to visit the grandchildren on Sundays. Guy does not usually work on Sundays. Bill stated he is bothered more by the smell of Mr. Pelletier's pigs. I am on the road at 3 or 4 am plowing snow for this Town and make a lot of noise. Is this a problem?
Ray Simard - Stated that as far as the deer issue, deer are the most adaptable animal in the country. They do much better than we do. I was the Building Inspector when they got the permit to build. I agree with Attorney Sullivan. This is a borderline Home Occupation. After meeting Dawn and Guy Doucet you can see that they are very responsible residents and good people. I think he runs a good business in this Town. I would have granted them a Home Occupation Permit when they built.
Mary McAvoy-Barrett, 20 Hawk Lane off Putney Road - Stated she was not here to impede anyone's ability to make a living. Have lived on Hawk Lane for 16 years. The noise is unbearable. I go to work early and there is noise, There is noise when I come home when I am in the house. I can't enjoy my own property in the summer, and I don't have the opportunity to enjoy my property the way I should. If there is a way to eliminate the noise, it would be good. The noise is motors, engines, etc. and just becomes this constant noise, and it takes away from where I live and would like to enjoy my own property.
Ray Barrett - Stated there is 300 feet of trees between us and the property. Why is it we always have to be reactive instead of taking the iniative? We have to stand here neighbor against neighbor. Have not talked to Brad about this. Weare not land abutters but I wouldn't have known about this. It is for my personal enjoyment of my property that I am here.
Mike Soucy, Long Pond Road - Stated there is no activity going on in the day.

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Barrett - Stated we have heard different levels of noise. Could we do a Noise Analysis? Seems to me there should be some data so the Board has something to go on.
Kenneth Swayze stated that he went out there a dozen times and only saw him (Doucet) loading a trailer once.
Pelletier stated he (Doucet) would be out of business if the doesn't get approval. I am not trying to take away his livelihood. Maybe he could rent a piece of property to do this business.
At this point in the meeting, John Herlihy read the RSA as it relates to forestry in New Hampshire. (attached)
Tim Twitchell- Stated that when he moved here in 1991, I was one of three houses and over the years, I have listened to a lot of machines which were involved in the building of those houses, and no one has heard any more noise than I have. Are we going to stop people from building houses and cutting off these lots? It is a straight shot from my house. Other people have children. I feel he should receive a Special Exception.
James Michaud, 278 Robert Rogers Road. - I am out of the way. I hear trucks going by. Just want to make a statement re forestry. It shouldn't be done in a residential neighborhood.
Michael Poirier - Stated there is no commercial zone in Dunbarton therefore you can't deny this man a Special Exception in my opinion.
Attorney Sullivan stated that he still maintains this is a Home Occupation.
Charles Graybill, Board of Selectmen - Stated that the Board of Selectmen had received similar complaints about a gravel operation which had been in operation for many years in Town regarding the noise ordinance, and we don't feel the "Grandfather"clause applies. They had to adhere to the noise ordinance. These people would have to adhere to the Noise Ordinance. You can't "grandfather" noise.
Comments from Board Members:
John Trottier stated that Mr. Doucet needs to fulfill the noise ordinance as it is now. We need to work out how he is going to address these issues. No one is exempt from the noise ordinance. The applicant needs to address the hours of operation and screening. He has said he will put a 6 foot stockade fence along the northerly property line. This should be marked on the plan.
Leo Martel stated that we are hearing bits and pieces. Dust is an issue. How would the applicant address the traffic? I would be a person concerned that it will be still safe there. This is a very unique business. It takes some extra effort. We can't do this sitting around the table. We need to at least get an accurate place to start. I am not saying that it is wrong. Would like to see for myself. I sympathize with the abutters. I. don't know if they hear it everyday or not. As far as the analogy of rescue and plowing, this has no bearing on this. Would like to see for myself.
David Nault - Stated that he did stop by and looked at the site. I couldn't see anything. I did see something at the end of the culdasac.
Ron Slocum - Stated that he looked at the site. He presented two pictures of equipment on the property. (attached) Said we have gone back and forth between a Home Business and a Special Exception. I am concerned about trucks driving up and down the road. There is one vehicle on someone else's lot. Seems to be more along the lines of a Special Exception.
Alison Vallieres - Stated that the Planning Board has to do a Site Plan Review if and when this is approved by the Zoning Board. It would make sense to do a Joint Meeting with the Planning Board. The Planning Board's job is to make sure the details of the project are in line with Site Plan Review

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Requirements. The Board of Adjustment's job is to approve or disapprove the project within the Zoning Ordinance's guidelines. The Board of Adjustment should not be ''nit-picking every single detail". It is not fair for applicants to have to go through the same information over and over again. We have not been fair to applicants in the past by making them go through the process twice. We should let the Planning Board do their job. They are experienced at it and do a good job.
Ron Slocum stated that he also felt we were getting into too much detail on some of these requests. The Planning Board goes over the same things we have addressed during their Site Plan Review. We should try to have a Joint Meeting.
Alison Vallieres also stated that when this Town voted down the Commercial Zones in the early 90's, this established that the entire Town was Commercial by Special Exception. You may live in a Residential District (of which the entire Town is) but any resident can apply for a Special Exception next door to you. The residents of this Town chose that they want to be able to apply for a Special Exception. They did not want to be limited in location of businesses, etc. This is the price we pay.
Gertrude Dulude - Stated that she would like to go look at the operation. We shouldn't be discouraging businesses in Town. This is an area where there was no homes nearby. It is going to change with new homes coming in. You can't control that. You have to be careful that you are not going to take away people's property rights. We should be very careful about that.
After discussion, the Board decided to do a Site Walk of the property on Saturdav. Februarv 26. 2005 at 4:00 p.m.
Jim Williamson asked if this would come under farming.
The Board noted it would have to be a Special Exception.
MOTION:
John Herlihy made a motion that the Dunbarton Zoning Board of Adjustment continue the Public Hearing for the Dawn and Guy Doucet (E5-3-16) request for a Special Exception to Article 4, Section A-6, to allow them to continue a home-based log-sorting business at their property located on 14 Jacqueline Drive in the Low Density District in Dunbarton, NH until the next meeting on March 14, 2005. Ron Slocum seconded the motion. The motion passed unanimously.
There being no further business, the meeting adjourned at 9:10 p.m.
Respectfully submitted,
Alison R. Vallieres Secretary