selectman douglas garland

1

2

3

4

5

6

7

8

Y

IU

1L

L2

1?

L4

I5

16

t7

18

IY

20

2L

22

23

5 EtEer/wqM @AAs4ppLyi-g {w)er vr.rdep ea*AOF OptrtcE ,

I-it-#y SEt pfr6€#? t),ue da-p3 coa'<afua-rfu.ay -uidee,-

APPEARANCES ;

EDWARD C. EURLONGP.O. Box 447Bart,J.ett, New Hampshire 03812

/z€ZG;/ oF fre %e{*e^to

(603) 37 4*9257For Edward C. Furlongi, Plaintiff.BY: EDWARD C. ELIRLONG, PRO SE.

BOYNTON / WALDRON / DOLEAC, WOODT'IAN & SCOIT , P.A.P.O. Box 4!8, 82 Court Street.Portsmouth, New Hampshi-re 03802-041-8(603) 436-40L0For the Defendants,BY : WILLIAT{ G. SCOTT, ESQ .

Duffy & McKenna Court Reporters, LLC1-800-600-1000

tit- * & Sff Pe?E AC *2s /f*ag */so.z' stt G{/€< Ap SrGplel4Y6f -erryhnfdnr|,S,G{a>5, ol.r#o/

3

1

2

4

5

6

7

I

9

10

11

12

13

L4

15

16

t7

18

19

20

2L

22

23

rNDEX

DOUGI,AS A. GARLAND

Direct Exarnination by Mr. Fur].ong

No.No. 4

EXHIBITS

DescriptionTenporary Access Agreement.

Page

4

Page?6

*** Original exhibit retainedbY Mr. Furlong ***

Duffy & MoKenna Court Reporters, LLC1-800-600-1000

Douglas Garland

4

1

2

?

4

6

I

Io

10

11

L2

13

L4

15

L7

18

19

20

2t

22

23

P-R-O-C-E -E -D - r -N-G- S

DOUGLAS A. GARLAND, hawing'been sworn

to te1]- tlre truth, testified as fo].l-ows:

DIRECT EXAI"IINATION BY MR. FURLONG:

A. Can you state your fuJ-l narne, please.

A. DougrJ.as A1lan Garland.

a. Can you say what position or titJ-e you

carry with the Town of BartJ-ett?

A. Selectman and ex officio to the Planning

Board

a. What year did you become seJ-ectman?

A. This would be my fourth term and leL's

see. Ttrat would make it L2 , 13 years ago. f garess

it had been '89. Is t'hat right? 13 years ago.

a. ' 99?

A. ' 99 probably, yeah . L3 years ago .

a. It was right after you gat elected to your

post that you drafted an ordinance and in the

ordinance, there was an ordinance pertaining to

rentaJ. companies and it pretty much set uP companies

would trave to go through ZBA approwal in order to

establish themselves as a legitimate business here

in Bartlett, is that true?


Douglas Garland

A. I worked with the Planning Board on

draftingr an ordinance, yes . Tlre board drafted the

ordinance. The voters of Bart,lett, passed it.

9. So you werenrt one of the arctritects in

the ordj-nance?

A. We worked logether on the ordinance. It's

a seven-member boardr so we go to meetingrs. We

discuss an ordinance. We work together on it and

then we present it to the voters and they vote on

ir.A. Whose idea was it'?

A. I'm not sure.

A. It wasn't your idea / was it,?

A. Oh, it could be. I thought it was a good

idea if that' s what you're wondering. I supported

ir.A, That' s a good answer.

A. I voted for it and I support,ed it like

most of Bartlett did.

a. Do you dislike snowmobiling in the Town of

Bart].ett?

A. No.

A. But you definitely like cross-cor:ntry


5

1

2

4

7

I

9

10

11

L2

13

L4

1tr

IO

LI

18

19

20

2L

22

23

1

2

(

4

tr

6

I

I9

10

L1

L2

13

1^I..

1tr

15

L7

18

19

20

2t

22

23

Douglas Garland

7r

A. Jean Gar]-and.

a. You hoJ-d no interest in the cabin rental-

business?

A. No.

A. But you are sole owrrer of the

cross-cor:ntry ski business? i

A. No.

0. Do yorJ have a partner?

A. Yes. r

a. And what is your partner's narne?

MR. SCOTT : Objection . Why is that

reJ.ewant to ttre allegations in this J.awsuit, who

owrrs the business with him?

MR. FURLONG: I'm t,rying to establish i

a baseJ.ine of why Mr. Garland does wtrat he d'oes as a i

I

selectman. It al]- ties in.

MR. SCOIT: Wel1, how is that You l

know, 1et's look at the lawsuit,, itseJ-f . If I can

find the pJ-eadings, I'11 just look and see.

(Reviewing document. )

MR. EURLONG: This is off the record r i

i

i

MR. SCOTT : Why don' t we go off the ,

right?


Douglas Garland

8

1

2

3

4

q

b

7

8

9

10

11

L2

13

L4

15

16

L7

18

19

2A

2I

22

23

record.

(Discussion off the record. )

MR. SCOTT : f don' t see any cJ-aims inthis case that renotely are rerated to the cruestions

your re asking Mr. Garland.

The Defendants in this case are Stewe

Libby, Tim Conni-fey, Annette Libby and the Town ofBartlett primariJ-y because they're their emp1oyer.

The al-J-egations are defamation, invasion of right toprivacy and against

MR. FURLONG: Oppression.

MR. SCOTT: But you hawe not named

MR. EURLONG: The Town of Bartlett is

na.med and we' re talking about the selectmen,

MR. SCOTT: Let' s ]-ook at the official

oppression, What does it say? You're talking about

it deals with rights to priwacy.

MR. FURLONG: You have the Amended

Complaint.

MR. SCOTT: Takingr photographs . It

does not relate at all to anything that you're

asking, but we'll hawe some why don't we proceed

and, you know, wet11 provide some reasonable


Douglas Garland

9

1

2

3

4

o

7

e

9

10

11

L2

1?

L4

t7

18

19

20

2L

22

23

J-atitude, but I think asking who his partners are,amounts of revenue are pretty far afierd of wtrat

yor:rve alleged in your Complaint, but, nevertheless ,

why don' t we go forward. You ask your q.uestions ,

and I'11 object to the specific question if I thinkit's improper.

MR. F"URLONG: Fair enough .

a. Who was your business partner in the

cross-country ski business?

TI{E WITNESS: Do I answer?

MR, SCOTT: It's pubJ-ic record, I

assume.

THE WITNESS: It doesnrt make any

difference. He should know.

MR. SCOTT : Go ahead.

A. My brother , ,John Garland .

A. Thank you. What is your relationship with

Ms. Annette Libby and Stephen Libby?

A. I am Annette r s ernployer .

A. Did you okay or approve the placement of

boulders al.ong: ttre property l-ine of the precinct

field and l'1r. Furlong' s property?

A. Yes.


Douglas Garland

10

1

2

?

4

R

7

U

9

1n

11

t2

13

T4

15

16

L7

18

19

20

1L

22

23

' a. Are you a natiwe to BartJ-ett?

A. Yes.

A. How J-ong has your famiJ-y liwed i.n

Bart]-ett?

A. Oh, I don't know. Generations. Serren

grenerations , eight generations .

A. How much land by acres do your famiJ-y own

in Bart1ett?

A. I don't know the exact one on that,

either. Ower six or 700. Something like that..

a. Ower six or 700. Quite impressiwe. Does

the snowmobilers in the wintertime clash with your

cross-country skiers?

A. Not when they stay on their ewn trails.

A. But when they don't stay on their own

trails?

A. They're no longer snow machines , They're

wandals. Wtren they leawe Lhe trails, I consider

them wanda].s.

a. And what do you do with vandals?

A. I try to get them off our trails.

A. How do you do that?

I A. We1I, we call up the Fish and Game. We


Douglas Garland

1l-

1

2

4

R

R

7

I

Y

10

11

t2

13

1AIi

15

16

17

J-U

IY

20

2t

22

z5

call up the enforcement for ttre government. f fttrey're in town r w€ cal-l up ttre J-ocal- po1ice

department, sheriff' s department. you know, w€ tryto get J-aw enforcement in on it as mr:ch as possibJ-e.

a. Did you commission Stephen and Annette

Libby to take pictures of my cabins? Mr. Furlong'scabins, that is to say.

A. No. Commissioned? What do you mean by

that?

A. Did you ask them to take pictures of

Mr. FurJ-ong' s cabins?

A. Not that I rernember / no .

a. Hawe you ever been arrested?

A. Yes.

A. For a felony?

IHE WITNESS: What' s the relevance of

this?

MR. SCOTT: Yeah, I don't know where

this is going.

THE WITNESS: Well

MR. SCOTT: Is there let me just

taLk to you for a second.

(Witness and counsel- confer. )


Douglas Garland

L2

1

2

4

5

7

I9

10

L1

L2

13

L4

15

16

L7

18

19

20

2t

22

23I

1

MR. SCOTT: I would state t}.at f wou]-d

instruct him not to answer in that anythingr ttrat Lre

has bad inworwement with the law wittr i-s so remote

in time that it has no relevance or rnateria]-ity, so

I'm instructing trim not to answer those questions.MR. FURLONG: Fair enough.

A. Did you ever pursue as a seJ-ectman a land

exchange deaL with the superwisor of the United

States Forest Serwice, Mr. Terrance Miller of the

White Mountain National. Forest, to exchangre town

land up on Jericho Road with land directJ.y behind

ttre property that of Mr . Furlong ' s ?

A. No. But that's only because you're

incorrect about where the parcel property is.

a. But ewerything else is correct?

A. Well , rro. I would like the staternent to

be corapletely correct.

A. Can you state it for us?

A. Yes. We explored exchanging property down

StiJ-lings Farm, which is out on AJ.len Road where the

National Forest property up by the ballpark, to

e:rpand the facilities of the balIpark. It was part

of a project that we've been looking: for expansion

Duffy & McKenna Gourt Reporters, LLC1-800-600-1000

Douglas Garland

13

1

2

3

4

3

6

7

8

9

10

11

L2

13

L4

15

16

L7

18

19

20

2t

22

23

of faciJ.ities for years. It di_d not gio forwardbecause it was not going to be a conducive exchangie.

A. Why wouJ.dn' t it be a conduciwe exctrangre?

A. A J-ot' of paperwork. Lot of paperwork todeal. with the Nationa1 Forest, and the hill back

there wasn' t conducive to buiJ-ding f ie1ds . By thetime we inwested in buiJ.ding the fields r w€ would

have put more money into it than if \{e actuallypurchased property somewhere else.

A. Had that land exchange went through, thatwourd hawe precluded the LiI' Man snowmobile Rentals

from ever accessing the rear of hj-s property?

A. I hawe no rdea .

O. Did you ever assert that, the roadway

running to the east of Mr, Furlong' s property and to

the west of the precinct, field was not a public

right-of-way?

A. It isn' t a public right,-of -way to my

knowledge; never has been.

A. And did you ever step down as a seJ-ectman

when snowmobile issues regarding AJ-bany Awenue and

Peter Gagne of Northern Ext,remes was presented at a


Douglas Garland

L4

1

2

3l

A. yes.

a' Did you ever step down from a serectmen,smeeting when Terry Miller of the National Forestserwice at meetings of the selectmen <iisc'ssing ril'Man Snowmobi].e Renta]-s ?

A. I don't believe so.

a. Why would you step down from sel_ectmen

meet'ing's about snowmobiling to another rentalcomPany but you didn' t step down from Lir r LIan

snowmobile Rent,als as a selectman when the issuescame uP?

A . WeI I , the i s sue has no thing to d,o wi thsnow machining really. what the issue had to do

with was for me as a serectman making, d,ecisi-ons.

In the case of Peter Gagne, there was adecision made by all three members of the board,,

unanimous decision to close down Albany Awenue as

access because it, used to access the Bear Notch Deliand the Bear Notch Deli burnt d.own so therer s no

reason to access it.

4

5

6

7

8

9

1n

11

L2

1?

L4

15

1.6

L7

18

IY

20

2L

22

23

IetterIn response to that, I got a certified.

form Peter Gagne, because our trails used toabout, a hundred feet of hj-s property priorL_:_::*"


Douglas Garland

1

z

3

4

5

6

7

I

Y

10

L1

L2

13

L4

15

15

L7

18

L9

20

2L

22

23

to him purchasing it, that we are no longer welcome.Bear Notctrts clients aren't welcome. IiIe arenrtwercome to bring our vehicles on his property and we

aren't al.J.owed to do anything on tris property.Now, that put me in untenabJ-e position of

no matter trow r woted on the serectmer:f s board , Lf rwoted for and his insinuation was unti_l thre trairgot opened again.

So, basically, it was what I thinkconsidered almost a blackmail-ish move, but it leftme in the untenable position of if r voted foropening up Arbany Ave. , it looked like r did it justto better my own business.

It also gave me the disadvantage of if Ivoted against opening it, that I was doing itbecause r was vindictiwe of him closing the traildown r So it basically gave me no stand.ing there,where in your case that' s never been the situation.

A, There was never any exchange in e-mai1s

between Terry Miller and the Northeast ski Team

regarding a situatj-on up en the trairs with Lil' Man

Snowmobile Rentals and Bear Notch Skj- Touring,?

A. I don't know that.

15


Douglas Garland

16

1 a. what year was it when your brother, ,John

2 , Garrand, chained up three of r.,il' Man snowmobires3 i along the railroad tracks, what was known as the4 sisters restar:rant in the village of Bartlett?5 r A. Newer.

6

7

I

9

10

11

L2

A. So yor:'re stat,ing right now that ilohnGarland never chained up

A. f 'm stating .Tohn never did it. I ,m

stating' the location yourre talking about isnrtcorrect, either.

a. So the location is not correct?A. And .Tohn didn ' t do i-t, ei_ther .

13 a. well , who d.id it?A. r did.

A. }fhere was the J-ocation that you chained.

uP

t4

16

17 I A. It was on our permj-tted trail on other18 ] side of Bear Notch Road, a trair that we actually19 I paid to get a pe:-nit from. They had. just got done

20 i vandari zj-ng those trails in the middre of the day

7Ll when skiers are out there. rt's a liability for us.22i It,'s an insurance lialrility for us and it's a

23 t problem.l-_

Dufty & McKenna Court Reporters, LLC1-800-600-1000

Douglas Garland

1,7

1 q. yourre saying those trails weren,t2 t mu].ti-use?

t , A' r'm positive they aren't multiuse. r hawe4 a permit that will prove it.5 1 a. These ttrree tourists, they were made to6 I wa].k back?

, I

A. They were ttrree wandal.s.

8 I A. rhree vand.als .

Oa', A. They dest'royed our trails. This is how we

10 i make our J-iwing, When you gro out f ,m a11

L2

13

L4

15

earpenter, too. It's just 1ike if you came in atthe end of the day and knocked r build a warl. r

When somebody rre go out and groom. It16 j costs us roughly $100 an hour to groom. rn orderL7 | for us in the snow machines it takes them about

franred it. you knock it off the si-d.e of thefoundation at night,, That's a vandal. .

fiwe minutes to ruin it.

They're well-marked trails . These arewell-posted trails. when people go by those snow

naehines sigms and vandalize our trails, they,revandaLs.

Duffy & McKenna Court Reporters, LLC1-800-600_1000

18

19

20

2L

22

23 ', a. Do you not offer latitude in considerationL*."-.-.--J

Douglas Garland

18

1

2

3

4

6

7

8

Y

L0

11

L2

13

L4

15

16

L7

18

19

20

2t

22

that ttrese peopJ-e that traverse these thisexclusiwe cross-country ski trails perhaps ttrey m-ynot }.awe known that they did, wrong and that, theywere wandals?

A. I'm sorry. But every time we catctrsomebody they say they didn't know they were doingsomet'hing' e*ong. r assume they know how to read.Most of our signs actually have a snow mactrine. you

don't hawe to read it. rt has an x across the snow

machine . There' s many of them up t}:ere f luorescentorange. ft' s hard for me to how they got up therewithout knowing what, they're doing.

A. So you thought chainingr the sled.s up was

the best way to handJ.e it?A. we hawe to actualry catch the sled.s on the

trails and we have been tord you hawe to hawe thesleds on the trails . yes , rt didn' t damagre thetrails at all.

Actua1ly left, them there so we couJ-d, getpictures of them / prove where they were, which

wasn't on a multj_ple-use trail . Ifthat, they would, have just lied and

muJ.tipJ-e-Llse t,rails. This one time

we hadn't done

said they're on

we actual-ly23L____

Duffy & McKenna Court Reporters, LLC1-800,600-1000

Douglas Garland

19

1 i couJ-d prove that they were.2 i a. How far from the place that they were3 i chained up to the Lil' Man snowrnobile rental office4 these peopJ_e walked back?

5I A. About a mi1e, I garess. I donrt know.6 I A. Do yorr feel that you trawe a mora17t, responsibility and oblig,ation as a natiwe and.

8 1 selectsran 'Eo retai-n the Town of Bartret,trs naturaln I beauty by hindering smarr businesses, particularly

tO i snowmobj-Ie rental companies , from prospering?11i A. I won't even answer that. I mean, that,sL2i a ridiculorrs question.t3 j a. you hawe knowledgre that the roadway next14 i to the precinct, field, was being gated and locked15 I sporadically from time to time by the rec director,16 i Mrs. Annette Libby?

17 ! MR. SCOTT: Objection. There,s18 j no this case has nothing to d.o with access overt t i that driweway . That ' s been dealt wi th on the prior20 | cases . They're closed. rt' s been deart with by the2L i state courts and the federar courts, so we're not22 ) going to re-di"c,rr" that this morning.,ti a. were you invorved. in erecting the storage


___.t

Douglas Gartand

20

1

2

shed on ttre precinct, field?A. yes. I volunteered to heJ.p the rec

department . Actually, r worked. on the d.uglouts . rdidntt rea1ly work on the stre<l, but it,s a projectthat, went on at the sarne tj.me.

a. So you actual.J-y got your trand.s dirty and

was down there putting the shed. up?

A. f don't know if my trands got dirty but fhelped out.

A. That shed s j_ts halfway does that shed.

sit halfway on the what was once a d.riveway or a

roadway that exited into the snowmobile trails outback?

A. I don't know.

A. When you used Mr. Steptren Libby toresearclr the precinct, fj-eld at the ossipee t,own seatfor research being done for markers, boundary rinesand such, did he get compensated for his work?

MR. SCOTT: Objection. Therer s been

no testimony that the town used Mr. Libby for Lhat.

$1' understanding is he did it, as a woh:nteer, but ifyou want to rephrase the question to find out if he

i was retained by the town to do it or requested byI

4

5

6

7

I

9

10

11

L2

13

L4

I5

16

LI

18

19

20

2L

22

23


Douglas Garland

27

1

2

3

4

5

6

7

8

9

10

11

L2

13

L4

1C

16

t7

18

LJ

20

2t

22

the town to do it, that's a fair qrrestion.A. r agree . rtr s volunteer . Ttre informati-on

was giwen to us, but we didn ' t reqr:est trim to do it.A. Did lfr. Libby have any J-icense or

sctrooling from the state of New Hampshi-re to do

survey work, title work or registry of deed workthat you know of?

A. I don't know if he does or not.

a. How much credence did you afford hisdocuments that he subrnitted, to the selectsrenr sOffice in his report?

A. We1I, f gruess f would say by itself it was

just information, I garess, untiJ- the surveyoractualJ.y gave it credence. The surveyor canne up.

We had hired a surveyor at one point torun that line after we reestablished the corner thatmysteriously went away up by your property that theyhad to find.

Regtetrlber when Terry Mi1ler carne up thatto kick him off? Aft,er t'hat was

could actualJ-y continue witha master plan on the rec

precinct fieJ-d. We needed to

day and you tried

establishedr so we

we're trying to d.o

department on the23!I

Duffy &

Douglas Garland

22

1

2

3

4

q

6

7

8

9

10

11

t2

13

L4

1R

t7

18

19

zv

2L

22

23

est.ablish actua1ly where our bor:ndaries were.

Apparently, one boundary up by yours went missingr

and we were trying to reestabJ-ish the line correctJ-y

because we didn' t want to infringe Llpon your

property.

A. St'ephen and Annet,te Libby submitted

pictures and. their statements with those pictures

and the pictures were many and they inwolwed t'he

curtilag'e and those pictures inwoJ-wed the

curtiJ-age, guest cabins and other persons or things

on Mr. Furlong' s property. Do you recall anything

about that?

A. No.

A. Did you authorize Annette or Stephen Libby

to report to you anything pecuJ-iar that was

happening on Mr. Furlong's property?

A. Not that I remember, no.

A. VIas there a selectman under a felony

indictment whi].e seated as a Bart,lett selectman?

A. I don' t, know.

A. A Mr.- Jon TanquaY?

A . A]-l I know about that i s wtrat I r we read in

the papers / so you probably know as much as I do. I


Douglas Garland

1

2

?

4

E

5

7

I9

10

11

L2

13

t4

16

T7

18

19

20

2L

22

23

wouJ-dn't want to go on record saying something I'm

not sure of.

A. It was my understanding ttrat Mr, Jon

Tanquay was r:nder indictment frorn the State' s

Attorney' s Office for child pornography whiJ-e he was

sti].]- seated as se]-ectman.

A. Ttrat's I think what was reported by the

press . f 'm not absolutely sure about that. I

wasn't ttrere. That would be somettring you strould

ask Mr . Tanquay, I gatess .

A. Do you know what' the outcome of the

indicturent was?

A. No , Not even sure it' s complete . I don' t'

know anything about. Itt s not part of my life.

A. While Jon Tanguay sat as seJ-ectman, did he

sign off as seJ-ectman on itsts or issues pertaining

to Mr. Eurlong's property while under the

indictment?

A. Not that I'B aware of , but I don't see why

he would have.

A. In 2008 / one of the issues regrarding

Mr. FurJ-ong was a cabin that he was renowating and

that he sr:bsequently received a cease and desj-st on

23


_)

Douglas Garland

24

1

z

4

6

1

I

IIU

11

t2

1?

14

1tr

16

L7

18

19

20

2t

22

23

ttrat aet'r:a1J-y culminated in a District Court case

against Mr. Furlong. Are you familiar with that?

A. I believe, y€s. I'm not sure if you

stated it correctly, but Itm aware ttrat there's a

cabin ttrat was renovated and we gave you a cease and

desist on it, and I think that's stil-I up j-n the

air. I don't think that,'s come to fruiLion, eiLher.

a. Was that case appealed to the Supreme

Court?

A. Probably. I don' t know exaetJ-y . I really

can' t grive you the specif ics of that .

A. f'11 tell you that it was appealed to the

Suprene Court by the selectmen.

A. Okay.

A . And it was remand,ed back to Di s trict Court

by the Supreme Court and it' s in the District

Court' s hands as we sPeak.

A. I believe it is, y€sr and I believe we're

waiting for a judgrment on that.

A. Does it happen a lot of times that the

Selectmenfs Office allocates money for something

such as a small ca]rin rental cease and desist that

was perhaps , you know, in violation that the town

Dufty & McKenna Court Reporters, LLC1,800-600-1000

Douglas Garland

25

1

2

3

4

5

6

1

8

9

11

L2

13

t4

15

16

77

18

19

20

2L

22

23

would take the case a]-I the way to tl-e sr.rpreme courtat the ta:<payer I s e:<pense?

A. ftrs a seJ-ectmenrs venue to actual-J.y

enfor<:e thre zoning ordinance as written. we belierreyou're in rriolation of the zoning ordinance. we

stilr beliewe yor:'re still in vioration of theordinance. we will Lake it wtrerewer we need to takeit to actually enforce the ordinance.

a. fs there not a form out that for minorchange of use that underrines or it falls under a

building permit?

MR. SCOTT: Wait. Objection. I mean,

this deals with your zoning' case. This is nothing

to do with the case wertre dealing with now and so Ithink this is getting far afield.

MR. EURLONG: Part of the oppression

is the cabin rental deal.

MR. SCOTT : You know , if there' s a

case ongroing that' s going to the Supreme Court and

is still pending in court regrarding a zoning issue,that's part of_ that case and until that's been

resolved, therers no issue of oppression or who's

right or who's wrong. It takes a final- decision


Douglas Garland

1

2

3

4

R

A

7

I9

10

11

L2

13

14

15

16

L7

18

19

20

2L

22

23

26

from a Court to say who' s right., but that' s notsomething that's been alleged in Lhis case.

A. Through the years that you operated Bear

Notch Ski Touring:/ your winter business, trow many

times during ttre winter did you caJ-J. to compJ-ain

about Lil-' Man Snowmobile Rentals snowrnobiles ridingon your cross-country ski trails?

MR. SCOTT: Did he call who?

MR. ETIRLONG: Mr . Furlongr.

A. How many t,j:nes trave I ca1J.ed you?

A. Yes .

A. I'd say a couple, few here and there. f

found your response to be less than desirabJ-e

usualIy. You say that al.l you do is rent to them.

Whatewer t'hey do after that is their own problem.

a. Can I just say that, you've called maybe

two or three times each winter to complain?

A. No, you canr t say that because there's

been several winters. f actual-J.y don't caJ-J. you at

aJ-J- j-n case you haven' t noticed.

A. That is correct. So you hawe had Mr

you have had personal and business problems related

to Mr. Furlong, is that correct, through the years?


Douglas Garland

27

1

I

5

4

6

7

8

9

10

11

L2

13

L4

16

L7

18

19

20

2t

22

23

A. Personal- business probJ-ems, no. f g-uess Idon't know what you|re referring to. what is yourstatement I g^r.ress?

A. I mean, when you have cal.J-ed the poJ-ice on

Mr. Furlong because his snowmobiles were on yolrr skitrails or

A. We dontt know if they're your snow

maehines or not, Ed. We donrt know. We just, know

there are wandal-s out there. We stop them. ft'snot, Iike we let some people gro and pick on yours .

If they're out there, w€ don't claim

ownership to them. We don't know where they come

from. We just try t,o stop them. Like f say, it' s a

liability to hawe them racing up and down our trailswit'h skiers on them.

A. When the rocks were placed in the big

logs in front of the entry to Mr. Furlong' s fourcabin rentals to the east of his property along the

driweway of the Bartlett Water precinct or C1ass 6

road, when those rocks were placed and blocked atDdr. Furlong' s entry to his cabins , did your mother,

.Tean Garland / see an uptake in revenue to her own

cabin rental business?


i

1

2

{

4

5

6

7

8

9

10

1L

L2

IJ

t4

15

16

L7

18

19

20

2t

22

23

Douglas Garland

MR. SCOTT: Objection. The right' to

cJ.ose that road has been resoJ.ved by the Cor:rts , so

I would instruct him not to answer because that' s

deal-ingi with an issue ttrat's not part of this case.

MR. EURLONG: That roadway has never

been deaJ-t with, though.

MR. SCOTT: I'm sorry, Ed, but, you

know, that's

MR. FURLONG: There ' s no res judicata

there, I'm teJ-J-ing you, but that wilJ- all come out

in the trial.

MR. SCOTT : The sane I would

instruct, him not to answer.

A. What, is your oPinion on what the

grandfather status means here in the Town of

Bartlett as seLectman?

A. WeIl, I'd have to refer to t'he

to actually get the fuII wordi-ng of it.

wouLd like ne to get a zoning ordinance,

it for you.

ordinance

If you

I'11 read

me a brief synopsis of

entails or means? You

a. Can you just give

i what the grandfather status

i don't hawe to be accurate.

Dufty & McKenna Court Reporters, LLC1-800-600-1000

Douglas Garland

29

1

2

3

4

R

6

7

I

9

10

11

L2

13

L4

15

16

t7

18

19

20

2L

22

23

MR. SCOTT: Wait a minute. Let me

just note an objection. I'm not f don't know

wtrat ttre ordinance says, so I'm at a bit of a Ioss,

but if it's like ones I've seen, we're deal-ing with

a use ttrat is either no ].ong,er permitted or

ottrerwise wiolates the zoning ordinance but

preexists the current ordinance. f f tl:at's what

you're referring to, then he can answer what he

understands. Is that what you're referring to?

MR. FLIRLONG: Sure. That' s what I 'm

referringi to.

MR. SCOTE: Okay.

A. Then I think, y€s, certain businesses in

certain structures that don't conform to ttre

existing zoning as they were grandfattrered in the

noncompLiance to a certain degrree . That' s where it

gets a litt1e sticky as far as I would hawe to go

through ttre ordinance, and we deal. with those on a

case-by-case basis.

A. Now, being ex officio to the from the

Select:nenfs Office to the Planning Board, does that

make you a voting member of the Planning Board?

A. Yes.


I

Douglas Garland

a. 2008 ttre town's ordinances hrad been

amended. Do you recal-l what was amended in those

ordinances ?

A. No, not for ttre particuJ-ar year. You

wor:Id trawe to be more specific.

A. WeII, trow aleout the rigtrt-of -way ordinance

that speJ'J-s out wtrat a right-of-way is? Was that

modif ied, ctranged?

A. Not that I know of . Yotl wou]-d hawe to be

more specific.

a. WeJ-J- , there was language deJ-eted f rcrn

the in the 2008 amending of the ordinances of the

right-of -way. Itts my understanding t'hat some of

ttre langiuage and' the right-of -way t'hat described

what a right-of-way was / some of it' was deleted,

leawing t'he right-of-away with a very

one- sentence

30i

1

2

3

4

5

7

8

9

10

11

t2

13

t4

15

15

t7

18

19

20

2t

22

23

A. I don't beliewe that's the case/

may know more about, it' than I do ' I 'm on

and I donrt even remember discussing that

to teII you the truth.

A. Who does the a-urending?

A. The board does.

but you

the board,

subject,

i

I

.J


Douglas Garland

31

1 Q. Ttre seJ.ectmen?

2 A. No . The planning Board.

3 Q. The Planning Board.

4 A. Ttre seJ.ectmen enforce it . The planning

5 Board writes it.6 Q. Do you recal-I Mr. FurJ-ong coming to the

8 the right-of-way that he thought was attached to his9' historica1 J-odging property?

10 A. Yes.

11 A. More than one time did he come to theLZ selectmen' s meeting complaining?

13 A. I be].ieve so. I'm not, surre if it was more

L4 ' than one time complaining about that, but you have

15 come complaining about severar things seweral times.15 A. Do you feel Mr. Furlongi got his right,fulL7 due process regarding that right-of-way that was

18 attached to his historical property for over

19, 130 years?

20 t, MR . SCOTT : Ob j ection to the f orm and

2t the substan that question. f think that22 presupposes something that, this witness may not23 , agree with, so the way the question is asked, Lf he


Douglas Garland

32

1

2

3

4

5

6

nI

8

10

11

L2

13

14

15

16

t7

18

19

20

2t

22

23

can a:aswer it, tre can answer it.

A. Restate the question . I r 11 answer

portions I know of.

A. WeJ-I, I asked you if Mr. Fur1ong when he

came to the seJ-ectmen' s meeting from time to time

and he was complaining about that his access to the

right-of-way was blocked off, do you think that he

received fair due process of law?

A. Up to that point I'11 say yes.

A. What, due process did he receiwe?

A. WeJ.I, yourve got the right to appeal- it.

You've got the right to go to court. f mean, w€

sti].l trawe cases

A. Appeal what? Did he receiwe a letter

stating'that the roadway was going to be locked and

gated?

A. Oh, the specifics of that I'm not going

to I can't give you specifics of it. You

certainJ-y were informed well ahead of time that that

was not groing to be avaj-lable to you .

a. I hawe one last question. Do you think

that everything between you and Mr. Eurlongr

throughout the years and all the friction between

Duffy & McKenna Court Reporters, LLC1,800-600-1000

Douglas Garland

33

1

2

3

4

5

6

7

8

9

10

11

L2

1?

L4

I5

L6

L7

18

19

20

2L

22

23

your two businesses / the eross-countrlz ski businessand his snowmobile rental business with the crassesup on the traiJ-, do you think you couJ-d., Dor:g

Garland, sit as an impartial person on a jury ifMr. Furlong was involwed in a criminal case and

needed an impartial jury? Do you think you couldsit on that jury?

MR. SCOTT: I object to that, question.r would i-nstruct, him not to answer. That.'s nothingr

to do with

MR. FTIRLONG: Well , it does . I mean,

there are state statutes . An official-, if theycan't sit as an impartial 3uror from the standpointof giwing a fair decision on a person / then they

should step down.

MR. SCOTT : I think j-f you ask him ifhe thinks he could render a fair decision on an

issue that you brought that was brought before him

as a selectman or as a rnember of the pranning Board,

you can ask that q'uest,ion, but the way you asked it,I find ttre question to be object.ionabJ.e.

A. So even though Mr. Furlong has a cabin

rental business and a snowmobile rental business and


Douglas Garland

34

1

2

3

4

5

6

7

I

9

10

11

t2

13

L4

15

L6

L7

18

L9

2A

2L

22

23

your business, the cross-country ski business is

J-ess ttran a guarter miJ.e down the road and your

rnottrer owns the cabin renta]- business ]-ess than a

quarter miJ.e down t}re road, you don't feeJ- you

strould ever step down as selectman or PJ-anning Board

member wtren issues arose with Mr. Furlong' s

property?

MR. SCOTT: You're tal.king

yor:' re talking about ones that, have been

al.ready; not issues that might arise in

about

ttrere

t'he future?

I mean r --MR. II'URIONG: E j-ther / or .

MR. SCOTT: Okay.

THE WITNESS : Speak to the future.

MR. FURLONG: Okay. In the future.

I can't speak to the future. I don't knowA.

what

A. In the past. Do you feeJ- that

A. I hawe not stepped down because I

tl:eret s no conf]-ict of interest, whatsoever.

the conf].ict' s been created by you,' nobody

I think

fee]-

I mean,

e]-se.

that' sMR. E"URLONG: Okay.

all the questions I hawe.

MR. SCOTT: Okay.


Douglas Garland

MR. FURTONG: I hawe one ]-ast

question.

BY MR. EURLONG

a. Are you fami1iar with this docrrment right

here?

(Rewiewing document. )

A. Temporary Access Agreement. I'd hawe to

read ttrroug'h the whole thing; make sure it' s the

same document. I tm not sure if there t s more ttran

one draft.

a. Ttrere' s three draf ts .

A. TtraL ' s what I thought, , so I rm not sure . I

canr t werify it is , but f recognize it as something

that we worked on, yes . Something' I agree to, I

galess.

A. So you were one of the architects of that?

A. No. I think this is a 1egal. agreement. I

didn ' t it doesn't look like anything I wouJ-d

write. It has al.l kinds of J-egal. mumbo jumbo. I

think it was drafted uP by your law1'er, wasn't it?

a. Wel-J- , with the input of ttre seJ.ectmen.

A. It wasn't the input of the seJ-ectmen. It

j might hawe been our Iega1 counseJ., but we don'tI


35

1

2

3

4

5

5

7

I

9

10

11

L2

J.5

t4

1q

16

L7

18

19

20

2L

22

23

Douglas Garland

36

L

2

3

4

5

6

7

I9

10

11

L2

13

L4

15

16

t7

18

19

20

2L

22

23

draft up legal documents.

drafted most of that,, if I

MR. E URTONG:

I think yourr lawyer

remember right.

Can you J-abeJ. this as

Exhibit 4?

at 11 : 06 a.m. )

(Exhibit No . 4; so marked. )

MR. FURLONG: Thank you.

(Vl}rereupon, the deposit,ion concJ-uded

I


4tIEr

6

STIBSCRIPTION OF DEPONENT

State ofCounty of

I , , do hereby certify ttrat I haveread ttre foregoing transcripl of my lestimony andfurther eert'j-fy that said tianscriit (with,/without)sugrgested correcti-ons on the Erratl sheet is a trl:eand accrrrate record of said test.imony taken at thetime and pJ-ace designrated.

38

day10

II

L2

13

L4

15

16

L7

18

19

20

2L

22

Date

Subscribed and sworn to before me thisof , 2012.

Notary FublicState of New HampshireCommission expires:

23


\)--l--\.'/

<./1

2

J

A:

5

7

a

Y

1-0

11

72

13

1AIA

15

I6

L1

1B

I9

20

27

22

23

CERTIFTCATE

T, Susan F. LozzL, a Licensed RegisteredProfessional shorthand Reporter for the state of New

Hampshire, do hereby certify that the foregoing is a

true and accurate transcript of my stenographicnotes of the proceeding taken at the place and on

the date hereinbefore set forth to the best of mv

sirl and ability under the conditions present at thetime.

f furthor r-ar]- i rrr that f am neither attornev orcounsel- far, nor rerated to or empl0yed by and ofthe parties to the action in which this proceeding

was Laken, and further that r am not a relative oreniployee of any attorney or counsel empl_oyed in thiscase/ nor am r financially interested in thisrrr.i^-.qULJL,,11 .

The foregoing certification of thisdoes not. apply to any reproduction of the

any means unl-ess under the direct controldirect ion of the cert i fying report er.

fr:nqnrinl-vv!4I/u

same by

and/or

/-l ^__

,4\Jdr'.{a_/-, {*4.tvffi-. nfii'//License *".

'ii6 KrK / /

selectman douglas garland

Documents