A Temple Zoning Board of Adjustment hearing Thursday on a long-running property-use matter in town resulted in an argument outside of Town Hall between one of the property owners and an abutter.

The ZBA heard a request from Alan Marsh and John Jackson-Marsh of West Road for a special exception under New Hampshire RSA 236 to keep a variety of aging construction vehicles and machinery on their land. In December, the town prevailed before the state Supreme Court in an appeal by Marsh and Jackson-Marsh, upholding the town’s order that the owners apply for the necessary permits or remove the equipment.

The town views the collection of equipment as a junkyard, while the property owners consider them antiques, and that acquiring them is their hobby. In light of the court’s ruling, Alan Marsh came before the ZBA Thursday to make the case that various conditions and intended adjustments on their property should cause the ZBA to issue a special exception under a non-commercial use clause of the RSA that would allow their equipment to remain there. 

“We have more than adequate offsite parking,” said Marsh, noting that other collectors might visit the site on occasion, “We don’t impact the values of adjacent properties. There is no excessive noise and no ground vibrations felt elsewhere. Water resources are at low risk; no hazardous waste will be stored on-site, and the equipment is hidden by vegetation.”

Marsh and Jackson-Marsh have written to the Select Board explaining that the purpose of the presence of the equipment there is “noncommercial antique vehicle restoration.”  Marsh said Thursday that they plan to erect buildings that will house their motor vehicles on the site, explaining that this would prevent any runoff from the vehicles caused by rain. On Sunday, Marsh explained that these buildings would not house equipment such as bulldozers, cranes and front-end loaders, for these are not motor vehicles and not intended for road use.

“The property has clay till under it. It does not transmit water,” said Marsh, suggesting that runoff was quite unlikely.

Resident Ivy Bibler owns land that abuts the Marsh property, and took exception to Marsh’s contention that their equipment could not impact her water supply.

“It has the potential to contaminate my water,” said Bibler, adding that a pond and well on her property have already been impacted by the presence of Marsh's equipment on land at a higher elevation next door. No evidence was offered to support this claim.

“Your point is utterly absurd. There are no petroleum products in your pond from us,” said Marsh. “You completely misunderstand how this works.” 

“There’s no stone floor under the equipment. There’s no soil mitigation,” said Bibler. 

Board members decided to conduct a site visit of the property in June to better understand the situation. The site visit will be open to the public.

“You should seek our opinion on the matter,” said Clay Lennartz of the Temple Conservation Commission.

The exchanges between Bibler and Marsh at the meeting were in elevated voices, and following adjournment, they continued the exchange in the Town Hall parking lot, with accusations and finger-pointing.

“I went up there one time and was held at gunpoint,” said Bibler.

Asked about this on Sunday, Marsh said that in 2023, Hillsborough County Superior Court Judge Charles Temple conducted a site visit that was not public, and was accompanied by staff from the Hillsborough County Sheriff’s Office.

According to Bibler, during the site visit, sheriff’s deputies stayed at the bottom of the driveway. Bibler, who was also at the bottom of the driveway, maintained Sunday that the inspection was public.

“They were down at the foot of our driveway. I wasn’t there, I was up here with the judge.” said Marsh. “There’s no chance of anything running off and into her pond.”

“It’s a native brook trout pond,” said Bibler, walking around her property after Thursday’s meeting. “Otters and beavers too.” She pointed to a well cap in one corner of the yard.

“That’s my water,” she said.

 The ZBA’s site visit to the property is on June 25 at 1 pm, and is open to the public.