Rick Lundy sought a special exception to operate a contractor/excavator yard on a roughly 4‑acre lot with access near Miramichi Hill Road and Route 28. The hearing drew a large turnout of abutters and residents who described long‑term worries about truck movements, dust, heavy equipment and impacts on property values.

Opponents depicted the proposal as a fundamentally different use from permitted storage or small landscaper yards, citing plans that contemplated multiple dump trucks, excavators and 24/7 operational risks. "If you're putting dump trucks and loading stone and backup beepers in our backyard, that's not the same as a tiny storage yard," said counsel for several neighbors.

Lundy said his operation generally sends heavy equipment from job to job rather than storing it permanently on site, described plans for a vegetated berm and agreed not to sell materials on site. He also said he has taken steps to reduce impacts (quiet tailgate mechanisms, limited exterior lighting) and proposed a 20‑foot easement with a neighboring parcel to reduce traffic on Miramichi.

After taking public testimony from many neighbors who asked the board to deny the application and from a few who supported Lundy, the board completed its special‑exception worksheet. The board approved the rehearing application with conditions entered on the record: a vegetative berm of no less than 10 feet high with arborvitae (species to be deer‑resistant), lighting controls, no retail sales of material, and other operational limits intended to limit noise, dust and nighttime impacts. The board noted that major site changes would require new approvals and that planning‑board site plan review and DOT approvals (if state highway access is involved) could yet impose further constraints.