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In The Know Hampton

Your Source For Unbiased Town Information

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2018 Zoning Articles

These are the Zoning Articles that will be on the Warrant on March 13th.

Article 2

Are you in favor of the adoption of Amendment No. 1 as proposed by the Planning Board for the Hampton Zoning Ordinance as follows?

Amend Article I – General. Section 1.6 Definitions to add a definition for “Personal Services Establishment”.

Amend Article II – Districts. Section 2.8 – Town Center District to modify Section C and Section F to cross-reference personal services establishment with the definition of same.

Amend Article III – Use Regulations. Section 3.25a to clarify that the uses listed in this section are personal services establishments.

Article 3

Are you in favor of the adoption of Amendment No. 2 as proposed by the Planning Board for the Hampton Zoning Ordinance as follows?

Amend Article I – General. Section 1.6 Definitions to add a definition for “Dog Day Care Center”.

Amend Article III – Use Regulations to add New Section 3.25e to permit dog day care centers in the Industrial (I) Zoning District with Site Plan/Subdivision Review by the Planning Board.

Article 4

Are you in favor of the adoption of Amendment No. 3 as proposed by the Planning Board for the Hampton Zoning Ordinance as follows?

Amend Article II – Districts, Section 2.7 – Professional Office / Residential District to clarify which principal uses are permitted in the District; to specifically add two-family dwellings as a permitted use, to specifically add multi-family dwellings as a permitted use (in accordance with Article VIII), to add language stating that the Planning Board may approve other uses which are permitted in the RA and/or RB Zoning Districts (in accordance with Article III) if similarity with surrounding residential uses is demonstrated by the applicant; to state that the front, side, and rear setback requirements for single-family residential dwelling structures shall comply with those required for the RA Zone; to specify that a Sign Permit is required from the Building Department, to state that all structures, other than single-family residential dwellings, shall be subject to the provisions of the Site Plan Review Regulations regarding Architectural Design; and other clarification and consistency changes.

Article 5

Are you in favor of the adoption of Amendment No. 4 as proposed by the Planning Board for the Hampton Zoning Ordinance as follows?

Amend Article III-A – Accessory Dwelling Units to Single-Family Dwellings as follows: Section 3-A.1 – Location and Quantity to state that no lot with more than one single-family dwelling or manufactured housing located upon it shall be eligible for an accessory dwelling unit; Section 3-A.5 – Site Location and Size to add new Subsection F stating that accessory dwelling units shall be subject to all applicable provisions of the Wetlands Conservation District Ordinance; Section 3-A.6 – Provisions for Water Supply and Sewage Disposal to state that a wastewater development charge shall be paid prior to receiving a Building Permit and also requiring notification to the Department of Public Works for all accessory dwelling unit applications; and Section 3-A.11 – Removal of an Accessory Dwelling Unit to specify that the recording of the Declaration of Covenants, Conditions and Restrictions (in an approved form) shall occur at the Rockingham County Registry of Deeds prior to issuance of a Certificate of Occupancy.

Article 6 (Petitioned)

Are you in favor of the adoption of Amendment No. 5 as petitioned for the Hampton Zoning Ordinance as follows?

Modify Articles 4.1 and 4.1.1 of the Zoning Ordinance to change the minimum required lot size and lot area per dwelling unit in the RA Zone to 30,000 square feet (where 15,000 square feet is currently required).

What it means: This petitioned Article would change the minimum lot size in the RA zone from 15,000 square feet (about 1/3 of an acre) to 30,000 square feet (about 2/3 of an acre) for new construction.

Click here for a map to see what sections of Hampton are considered zone “RA”.

Click here for a link to determine into what zone your home falls.

(Enter the online database.  Type in your address.  Scroll almost all the way to the bottom where you will see a section titled “Land Use”.   Look for the “Zone” entry.)

Those in favor say:  The declining availability of open land means that new residential developments are often being placed on land that is not ideal, contributing to issues with flooding in town.  The increase in the required lot size in the RA zone would help insure that each new home is constructed on an appropriate lot size.  A statement was made by the proponent that the Article, if passed, might be considered advisory.

Those against say:  A statement at Deliberative Session indicated that since this is a petitioned Warrant Article, the Planning Board only became aware of it late in the process.  There was not enough time to study the impacts of the change.  Others have expressed concern about the effect on pre-existing homes on currently conforming smaller lots, and what the process would be for all of those homeowners when they wish to make changes to their properties.  The proponent subsequently provided clarification that the structure and the lot are two different sets of regulations, so the fact that a home might be on a non-conforming lot would not in itself require a variance to make changes to the structure on the property.

Fiscal Impact:  No tax impact.

Article 7:  Upgrades to Wastewater Treatment Facility

Shall the Town of Hampton vote to raise and appropriate the sum of $11,780,000 for the purposes of constructing the necessary upgrades and making improvements to the Waste Water Treatment Plant as follows;

Headworks Upgrades;

Aeration Tank Upgrade

Primary Clarifier Number 1 Upgrade;

Gravity Thickener Number 1 Upgrade;

Plant Water System Upgrade;

Primary Sludge Pump Upgrade;

Thickened Sludge Transfer Pump Replacement;

Polymer System Upgrade;

Septage Handling Improvements;

Operations Building Improvements;

Maintenance Garage Improvements;

and SCADA System Improvements.

Such sum to be raised by the issuance of municipal bonds or notes for a period not to exceed thirty (30) years under and in accordance with the Municipal Finance Act (RSA 33); and

To authorize the Board of Selectmen and the Town Treasurer to issue and negotiate such bonds or notes and to determine the rate of interest thereon in accordance with the Municipal Finance Act (RSA 33); and

To authorize the Board of Selectmen to apply for, contract for, accept and expend any Federal, State or other available funds toward the project in accordance with the terms and conditions under which they are received and to borrow in anticipation of the receipt of such funds and or the issuance of such bonds or notes as provided in the Municipal Finance Act (RSA 33); and

To authorize participation in the State Revolving Fund (SRF) (RSA 486:14) established for the purpose, and to authorize the Board of Selectmen to apply for, accept and expend such monies as they become available from the Federal and State Governments; and

To authorize the Board of Selectmen to implement such cost effective solutions as are presented in the future that they deem to be in the best interest of the Town that may result in a lesser amount of expenditure than is authorized by this warrant article; and

To authorize the Board of Selectmen to take any and all actions necessary to carry out the project in the best interest of the Town of Hampton? (3/5ths vote required)

What it means:  A Facility overview conducted by Wright Pierce and completed in September of 2017 identified two types of needs for the Hampton Wastewater Treatment Facility: aging infrastructure and capacity concerns.  Article 7 as amended at Deliberative Session addresses the first of these by funding upgrades in the most critical equipment, buildings and software that allow the town to process wastewater from drains and toilets in town.

Those in favor say:  The Wastewater Treatment Facility has been on the “critical to address” list for some time.  Wastewater treatment is by nature a corrosive process.  Inadequate HVAC over decades has left the buildings and equipment in poor shape.  The issue will not go away, pushing the work forward will make it more expensive to accomplish down the road and will put the town’s ability to process wastewater at risk in the interim.

Those against say:  No one spoke against Article 7 at the Deliberative Session, but there is concern that homeowners who do not have direct access to the town’s sewer facilities (mostly on the west side of town) will be taxed at the same rate for the upgrades as those whose wastewater is carried directly to the plant.  (All waste, including that from privately owned and maintained septic tanks, is processed at the town’s WWTF although not with the same volume).

Fiscal Impact:  Fiscal Impact Note (Finance Dept.) Since the above bond would not be issued until later in 2018 or even 2019, the first, estimated principal/interest payment of $770,500 will not occur until late in 2019. The total of the bond’s principal and interest payments over a 30-year period at an interest rate of 2.25% are estimated to be $15,888,275.  The average Hampton home valued at $408,000 will be assessed an additional $80.78 per year during the life of the bond.  (Take your property value divided by 1000 and multiply by .198 to get your specific tax impact.)

 

Article 8: Operating Budget – $27,225,312

Shall the Town of Hampton vote to raise and appropriate as an operating budget, not including appropriations by special warrant articles and other appropriations voted separately, the amounts set forth on the budget posted with the warrant as amended by vote of the first session, for the purposes set forth therein, totaling $27,225,312.

Should this article be defeated, the default budget shall be $26,842,312, which is the same as last year, with certain adjustments required by previous action of the Town of Hampton or by law; or the governing body may hold one special meeting, in accordance with RSA 40:13, X and XVI, to take up the issue of a revised operating budget only.

Fiscal Impact Note (Finance Dept.)  The proposed operating budget figure of $27,225,312 is an increase of $388,335 more than the budget amount adopted in 2017 of $26,836,977.    The default budget figure of $26,842,312 is an increase of $5,335 more than the budget amount adopted in 2017.

What it means: This is the proposed operating budget for the Town of Hampton for 2018, created with input from department heads, committees and commissions, and vetted by the Board of Selectmen and the Municipal Budget Committee. If voters do not approve the operating budget, the default budget will automatically become the operating budget for the Town for the year 2018.  “Default budget’’ is defined as the appropriations contained in the operating budget authorized for last year, reduced or increased, as the case may be, for debt service, contracts, and other obligations previously incurred or mandated by law; and reduced by one-time expenditures contained in last year’s operating budget.

Those in favor say:  The proposed budget is 1.4% higher than last year and would provide funding for the Town employees and elected officials to complete the jobs that are expected of them by the residents of Hampton.

Those against say:  The proposed operating budget will add to the average home’s tax bill $46.92 more for 2018 (as opposed to the default budget).  There is a concern that some people may find continuing increases in property taxes untenable.

Fiscal Impact: The average Hampton home valued at $408,000 would bear an increased tax cost of $47.74 if Article 8 passes versus an increase of .82 if it does not pass. (Take your property value divided by 1000 and multiply by .117 to get your specific tax impact.)

Article 9:  $1,500,000 from Reserve Fund for Street Repairs and Reconstruction

Shall the Town of Hampton vote to raise and appropriate the sum of $1,500,000 for the purpose of reconstructing a portion of Lafayette Road from High Street to Winnacunnet Road and then from Winnacunnet Road to Towle Avenue to include street repairs and reconstruction and associated materials and labor necessary to do the work, and also to include associated drainage system maintenance and replacement, replacement of sidewalks, the installation of ornamental street lighting, granite curbing and other roadway infrastructure needed  to complete the work; and

To fund such appropriation through the withdrawal of $1,500,000 from the Road Improvement Capital Reserve Fund created under Article 16 of the 1998 Annual Town Meeting for the purpose and no amount to be raised from taxation.  This will be a non-lapsing appropriation per RSA 32:7, VI and shall not lapse until the work is completed or by March 31, 2020, whichever is sooner?

Those in favor say:  This is part of the maintenance that the Town should be performing for the citizens, and the fund being used is one that taxpayers have contributed to over the years for just such purposes.

Those against say: There does not seem to be an objection to the work, only questions about the prioritization of streets to be addressed.

Fiscal Impact:  There is no tax impact because the money was appropriated in prior tax years.  This Article is allowing the withdrawal of the money from the fund for the specified purpose.

Article 10: Collective Bargaining Agreement with Town Employees in Local 633 

Shall the Town of Hampton vote to approve the cost items included in the collective bargaining agreement reached between the Hampton Board of Selectmen and the International Brotherhood of Teamsters Local 633, which calls for the following increases in salaries and benefits at the current staffing level, over the amount paid in the prior fiscal year:

Estimated Increase

Fiscal Year (over previous year level)

2018  (39 weeks) $ 36,404

2019  (52 weeks) $ 53,483

2020  (52 weeks) $ 41,813

2021  (13 weeks) $   8,975

And to further raise and appropriate $36,404 for the current fiscal year, such sum representing the additional costs attributable to the increase in salaries and benefits required by the new agreement over those that would be paid at current staffing levels?

What it means:  A yes vote approves the salary increases of 2.7% each of the 3 years.

Who is represented:

At the Hampton Police Department: two Senior Secretary Positions, the Communications Specialist Supervisor, Communications Specialists, the Animal Control Officer and the Senior Custodian.

At the Public Works Department: Public Works Foreman, Public Works Operations Coordinator, Public Works Transfer Station Foreman and Vehicle Maintenance

At the Town Office: the Assistant Building Inspector, the Building Department Secretary, the Deputy Town Clerk, Assistant Clerks and the Bookkeeper in the Town Clerk’s Office, the Welfare Clerk, the Deputy Tax Collector, the Account Payable and Account Receivable Clerks and the Payroll Supervisor in the Finance Department.

Those in favor say:  The employees who will benefit from the passage of Article 10 are “behind the scenes” folks who help you register your car, license your dog and remove unwanted critters from your property.  From 2006 through 2017 the group of employees represented by Local 633 received average wage increases of one-half of one-percent, with no increase at all in 7 of the last 12 years. Social Security increases during that same period of time (for reference) averaged 2.5%. This means that our Town employees are lagging way behind the cost of living.

Those against say:  No one spoke against this article at Deliberative Session.

Fiscal Impact: The average Hampton home valued at $408,000 would bear an increased tax cost of $6.53 in a 52-week period at current staffing levels.  (Take your property value divided by 1000 and multiply by .016 to get your specific tax impact.)

Article 11: Collective Bargaining Agreement with Fire Supervisory Association

Shall the Town of Hampton vote to approve the cost items included in the collective bargaining agreement reached between the Hampton Board of Selectmen and the Hampton Fire Department Supervisory Association Local 3017, which calls for the following increases in salaries and benefits at the current staffing level, over the amount paid in the prior fiscal year:

Estimated Increase

Fiscal Year (over previous year level)

2018  (39 weeks) $ 55,514

2019  (52 weeks) $ 74,283

2020  (13 weeks) $ 10,571

And to further raise and appropriate $55,514 for the current fiscal year, such sum representing the additional costs attributable to the increase in salaries and benefits required by the new agreement over those that would be paid at current staffing levels.

What it means:  A yes vote approves salary increases negotiated via the Collective Bargaining Agreement with the Fire Officers.  There will be a 3% increase in salaries for each of the 2 years in the contract.   Although the contract covers only 2 years (104 weeks), the way the weeks fall, 3 years are involved.  The first 39 weeks fall in 2018, a full 52 weeks in 2019 and the remaining 13 weeks fall in 2020.

There are changes to the medical costs as well.  New lower cost health plans have been added for health insurance and prescription drug plan, saving the Town and employees on health insurance expenses.  The employee contribution rate is increased to 83.5% effective 1/1/20 (from 80%).  Should the Cadillac tax be imposed under the Affordable Care Act, members (not taxpayers) will be responsible for 100% of the tax.

Who is represented:

Fire Lieutenants

Fire Captains

Fire Prevention Officer

EMS Officer

Fire Department Secretary

Fire Prevention Secretary (part-time)

Deputy

Those in favor say:  Those who spoke at Deliberative Session expressed support for this contract.  Fire Supervisors received have no increases in 8 of the last 12 years, with the average increase being a little more than one-half of one percent. Social Security increases during that same period of time (for reference) averaged 2.5%.

Those against say:  No one spoke against this article at Deliberative Session.

Fiscal Impact: The average Hampton home valued at $408,000 would bear an increased tax cost of $9.38 in a 52-week period at current staffing levels.  (Take your property value divided by 1000 and multiply by .023 to get your specific tax impact.)

Article 12 – Collective Bargaining Agreement State Employees Association

Shall the Town of Hampton vote to approve the cost items included in the collective bargaining agreement reached between the Hampton Board of Selectmen and the State Employees Association of New Hampshire, Inc., SEIU Local 1984, AFL-CIO, CLC, which calls for the following increases in salaries and benefits at the current staffing level, over the amount paid in the prior fiscal year:

Estimated Increase

Fiscal Year (over previous year level)

2018  (39 weeks) $  60,679

2019  (52 weeks) $121,796

2020  (52 weeks) $  97,501

2021  (13 weeks) $  18,910

And to further raise and appropriate $60,679 for the current fiscal year, such sum representing the additional costs attributable to the increase in salaries and benefits required by the new agreement over those that would be paid at current staffing levels?

What it means: A “yes” vote approves the salary increases negotiated via the Collective Bargaining Agreement. The Agreement provides a 3% salary increase for each of the 3 years, starting in 2018.

Those in favor say: This agreement is for many of the Dept. of Public Works non-supervisory employees who start at $14/hour.  These Town employees have gone without an increase in 9 of the last 12 years, with an average increase of less than one-half of one percent.  New hires are difficult to hire and keep because they find better paying jobs. Social Security increases during that same period of time (for reference) averaged 2.5%.

Those against say:  No one spoke against this Article at Deliberative Session.

Fiscal Impact: The average Hampton home valued at $408,000 would bear an increased tax cost of $14.68 for a 52-week period at current staffing levels if this Article is approved.  (Take your property value divided by 1000 and multiply by .036 to get your specific tax impact.)

Article 13 – Two DPW Trucks – $600,000/$124,000 Lease

Shall the Town of Hampton vote to authorize the Board of Selectmen to enter into a 5-year lease-purchase agreement for two (2) Mack Cab Over Trucks with Labrie Automated Side Loader Body units in the amount of $620,000 and to raise and appropriate the sum of $124,000 to fund said lease-purchase agreement in year one; said lease-purchase agreement shall contain a non-appropriation clause.

Those in favor say: The existing 2010 sidearm packers have required approximately $103,000 in repairs and labor in 2017 alone.  A large part of the issue for these Trash/Recycling vehicles relates to the Exhaust Gas Recirculating (EGR) System, which takes the gases that are developed from the combustion process in an engine and “scrubs” them prior to being discharged through the exhaust stacks. The new trucks will not use this type of emissions system as they will use selective catalytic reduction (SCR) which uses diesel exhaust fluid (DEF) in conjunction with a catalyst to reduce nitrous oxide emissions. The proposed solution is a 5-year lease/purchase agreement for 2 side loaders at a total cost of $620,000.  The year 1 lease cost is $124,000, which will cover exhaust, engine and other system repairs during the lease.

Those opposed say: No one spoke against this Article at the Deliberative Session.

Fiscal Impact:  The $124,000 lease cost in 2018 will create an additional tax for the average Hampton home valued at $408,000 of $15.09. (Your property value divided by 1000 and multiplied by .037 to get your tax impact.)

Article 14 – Sidewalk Repairs and Paving Overlays $316,231

Shall the Town of Hampton vote to raise and appropriate the sum of $316,231 for improvements to streets consisting of paving overlays, adjustments to structures to permit paving, repairs and replacements to drainage, repairs to sidewalks and driveway openings, crack sealing and curbing installation in accordance with the pavement management program or as required due to damage to roadways and improvements and repairs to Town Parking Lots and parking areas.  Upon completion of the work scheduled in this warrant article, if funds remain unused the DPW may proceed to the next street(s) on their priority repair list until said unused portion is spent.  Said appropriation to be offset by the State Highway Block Grant estimated to be $316,231.  This shall be a non-lapsing appropriation per RSA 32:7, VI and shall not lapse until the projects are completed or by March 31, 2020, whichever occurs sooner?

What it means: The Town of Hampton has been successful in receiving NH DOT Highway Grant Block aid that help to maintain Class IV and Class V “highways” (basically compact sections of town roads).  Funds are applied to specific projects as identified by DPW and approved by the Board of Selectmen.  The streets affected this year will be Ann’s Lane (Ann’s Terrace to Mill Road), Ann’s Terrace (Ann’s Lane south to the dead end), Ash Street (From Thorwald to Emerald) and Ashbrook Drive (from Morrill Street west in the circle).

Those in favor say:  This will help Hampton to improve streets in need of repair, and the cost will be offset by a block grant from NH DOT.

Those against say: No one spoke in opposition to this Article at the Deliberative Session.

Fiscal Impact:  Due to the NH DOT grant, there will be no tax impact.

Article 15: Road Improvement Capital Reserve Fund – $300,000

Shall the Town of Hampton vote to raise and appropriate the sum of $300,000 to be added to the Road Improvement Capital Reserve Fund created under Article 16 of the 1998 Annual Town Meeting in accordance with the provisions of RSA 35 for the purpose of maintenance and/or reconstruction of streets?

What it means: This is essentially a savings plan so road work does not all need to be paid for in one year’s tax bill.

Those in favor say:  This is the fund that is paying for the work described in Article 9 (if that Article is approved.)

Those against say: No one spoke in opposition to this Article at the Deliberative Session.

Fiscal Impact: The average Hampton home valued at $408,000 would bear an increased tax cost of $36.71 if this article is approved. (Your property value divided by 1000 and multiply by .09 to get your specific tax impact.)

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