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You are here: Home / 2017 Archive / Article 42: Removal of Deed Restriction – Fence Height at #11 O Street

Article 42: Removal of Deed Restriction – Fence Height at #11 O Street

We, the undersigned residents of Hampton, Petition the Town of Hampton to place on the warrant the request to see if the Town will vote to release and remove deed restriction #3 (BK.2534 PG 1449 to 1452) as to the premises located at #11 O Street (Tax Map 293/174/1) owned by Edwin M Rooney in order to allow the installation of a higher ornamental fence, no more than six-feet high. Deed restriction #3 reads as follows, “No fences may be erected upon said premises other than ornamental fences of no more that a three foot height.” Further to authorize and direct the Town Clerk to execute and deliver to the lot owners for recording a notice of this vote at the Rockingham Registry of Deeds, at no cost to the Town. (Majority vote required).

What it means: This is another example of a home built on land that was previously leased by the town and later sold with certain restrictions. If Article 33 passes, this type of Warrant Article will not be required in the future, because requests for releasing the deed restrictions will be handled by the various boards in town, and approved by the Board of Selectmen. In this case, the homeowners are asking for the option to install a fence that will be no more than 6 feet high (current restriction is 3 feet).

Those in favor say: There was not much discussion on either side of this topic.

Fiscal Impact: No tax impact.

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