[Argie's Wife]

I'm not a lawyer but I am a public activist (and my father's daughter) - I've spent a lot of time in planning/zoning meetings and may have some insight for you... take what you want from this - or none of it - maybe it will help you...

Okay, I've read through your post a few times and bolded some key items.

First off, DOCUMENT EVERYTHING. Every time you call the police, speak with someone from Zoning or Building Code Enforcement, or even the owners of China Pain-In-The-Bistro - write it down. Keep records - make sure you have date/time, names - you get the idea. The better your records are, the better case you can build.

Secondly, contact Gilford's Planning Department and ask about the noise permit. It may be that they'll forward you to Code Enforcement or another department. I'm not that familiar with Gilford's town offices but find out the terms of their current permit for having music/bands, etc. Then, find out when that hearing is re-scheduled. It may be that abutters will NOT be notified when the hearing is rescheduled - keep on top of this and get that date.

Thirdly, I'd get a copy of the town's master plan for development . Find out if the town's zoning board considers the impact that a business having outdoor music, like CB does, or as you cited, the possible impact to re-selling your cottage - will have to abutters. (The town's planning dept should have this...)

While you're at it - get a copy of the meeting minutes from the zoning board and/or planning board meeting(s) that CB presented their case for consideration. Note: they may have had continuations and been at more than one meeting. Make sure you have all the meeting minutes that pertain to their case. Per RSA 91, The Right To Know Law, the town has five days (business days) to dig these up for you and make them available to you if they are not online. (Chances are they'll have them available for public inspection in their office and usually will make copies for a small fee.) Either way - you want to look for instances where the board had reservations about the request AND look for inclusions in the final motion approving the request. Something like "J. Doe motioned to approve the request made by [company name], case #[case number], for a variance on [zoning article number] with the following conditions:[list conditions]". You want to review those conditions - maybe they aren't being met. Maybe there's no mention of outdoor music or other noise issues. Also look to see who spoke against the request - I'm hoping that some folks did but who knows...

Finally, rally the troops - get the abutters to attend - but remember to be civil and respectful of the board. If folks keep a cool head in this but communicate how this changes their quality of life, diminishes their resale value of their cottages or homes, and other detrimental issues that come from CB having this loud music, then their request may be denied. But stay cool and organized - being loud, angry and disruptive will get you removed from a meeting - that's NOT what you want. State your facts to the board. Perhaps getting a sound study done by a professional would also be good data to submit to the board - just saying "It's loud" vs. "This report shows that at 11:55pm on Monday, June 20, the decibel level at my house was 90dB, which is about the same as a loud motorcycle. Can you imagine trying to go to sleep at night with a loud motorcycle running?"

Always be ready to hire a lawyer, if need be. Sorry but that's the society we live in.