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Article 33: Board of Selectmen to Modify or Release Certain Deed Restrictions

Shall the Town of Hampton grant the Board of Selectmen the authority under RSA 41:14-a to modify or release deed restrictions imposed by the Town under the Leased Land Sales Program, to be added to the authority already granted by the Town to the Board of Selectmen under RSA 41:14-a under Article 38 at the March 12, 2002 Annual Town Meeting by extending this authority to apply to the Leased Land Sales Program? (Majority vote required)

What it means: The Town previously owned land near the ocean that was leased and then ultimately sold to individual homeowners. These lots carried with them certain restrictions that were attached to all such lots whether or not the restriction had good rationale in all cases. Over the years, homeowners began asking for relief from these restrictions. Although all such cases had to go before the appropriate boards in town to get whatever variances they needed, they also had to have their request placed on the Warrant because the authority to release the deed restrictions for these lots lies with the people of the town. If passed, Article 33 would transfer the decision-making about relief from the deed restrictions to the Board of Selectmen.

Those in favor say: Voters often are unfamiliar with the individual lots or the neighboring lots and generally are not in the best position to decide if a specific deed restriction should be released or not. The Board of Selectmen can hear the request and any objections to the request and make a decision based on the merits of the case. This process can take place throughout the year, as opposed to only once a year on the Warrant.

Those against say: This idea transfers power from the townspeople to the Board of Selectmen. The people should retain the power.

Fiscal Impact: No tax impact.

A Thinking Hamptonite

A Thinking Hamptonite

Courtesy of Steve Jusseaume.

Sand Sculpture from 2013 competition.

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