Article 45: Remove Deed Restriction – 10 Ancient Highway – Reconstruct Front of Building within 7 ft of Boundary Line

On petition of 25 legal voters of the Town of Hampton:

To release and remove a portion of deed restriction #4 (BK2509 P1919) as to the oceanfront side only of the premises at #10 Ancient Highway (Tax Map 134, Lot # 105) owned by Peter and Rita Cary, in order to allow reconstruction of the existing non-conforming oceanfront side of the dwelling, as part of the substantial renovation of the dwelling. The portion of the deed restriction #4 to be removed as to the oceanfront side of the dwelling only reads as follows: “The Grantee will not erect any buildings upon the premises within seven (7) feet of any boundary line. The Hampton Zoning Board has approved variances for the other requested work on the property.  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 County Registry of Deeds, at no cost to the Town? (Majority vote required)

 What it means: Like Articles 40 and 41, this is one of the parcels of land that the town leased to Hampton residents in the 80’s, all of which had certain restrictions associated with them. One of the restrictions was that the owners would not build within 7 feet of the boundary line, a restriction that the owners wish to have removed. If approved, this Article will amend the deed restriction only. Any other permitting requirements or variance requests would still need to be addressed via the appropriate Boards in Town.

No one spoke in favor or against this Article at Deliberative Session.

Fiscal Impact: No tax impact.