Article 38: Modify Fence Height Restrictions in Deeds for Former Town Lots

Upon Petition of at least twenty-five (25) legal voters of the Town of Hampton, New Hampshire, to see if the Town will vote to modify all fence height restrictions in deeds for former Town-leased lots to allow fences to be a maximum of four-feet high (matching the height of trash and recycling bins distributed by the Town and required for Town collection).?

What it means:  The Town previously owned lots near the ocean that were leased and then ultimately sold to individual homeowners.  These lots carried with them certain restrictions, including a maximum fence height of  three feet.  Much more recently, the town has distributed trash and recycling bins that are 4 feet tall.  The petitioner is requesting that the fence height restriction be changed to 4 feet so that if homeowners wish to increase the height of their fence to hide the trash and recycling bins on non pick-up days, they may do so without applying to the Board of Selectmen for release of the deed restriction.

Those in favor say:  Allowing homeowners with homes on former Town-owned leased land to erect a 4 foot high fence without the current administrative process would encourage more of these homeowners to do so.  This would be be a boon to the aesthetics of the neighborhoods where those lots exist.  According to the petitioner, the deed-changing process could be managed in a number of ways.

Those against say: There did not seem to be objection to the idea of 4-foot fencing per se, but more to the fact that the lots need to be considered on a case-by-case basis, and that the deeds need  to be changed individually, thus the Warrant Article is not necessary.

Fiscal Impact:  No tax impact