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Article 2: “Use Change” Made Consistent for all Zoning Districts
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 modify the definition of “Use Change” to remove the Town Center-Historic District language, making the standard for requiring a Use Change consistent for all zoning districts.
Amend Article II – Districts. Sections 2.8 C and 2.8 F to modify Note #3 by deleting the Use Change approval requirement for all non-residential changes of building occupancy in the Town Center- Historic District, and adding language to the Town Center District Ordinance stating that any use change which, in the opinion of the Building Inspector or the Town Planner, requires Planning Board approval in order to safeguard the health, welfare, convenience and safety of Hampton’s citizens and recreational guests shall require Use Change Approval.
What it means: The following is taken from materials presented at Deliberative Session:
Purpose: To further adjust Use Change requirements based on lessons learned from prior implementation.
Overview: Last year, the “all changes of building occupancy” Use Change requirement was removed from the Town Center North and South Districts, but remained in place for the Town Center Historic District. This has been of limited benefit, and problematic in some instances. This proposal removes the language from the Town Center Historic District, making the Use Change requirements consistent for all zones. Protections are still in place through the following language:
“Any use change which, in the opinion of the Building Inspector or the Town Planner, requires Planning Board approval in order to safeguard the health, welfare, convenience and safety of Hampton’s citizens and recreational guests shall require Use Change Approval.”
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 II- Districts. Section 2.7 D Professional Office / Residential District (Height, Setback and Area Regulations) to clarify the applicability of the front, side, and rear setback requirements for this zoning district. Also, to add new requirements for the minimum lot area per dwelling unit (5,000 square feet), the maximum number of dwelling units per structure (8), minimum frontage (100 feet for any lots created after the enactment of this amendment), and maximum impervious coverage per lot (75%), as these are standard dimensional requirements currently missing from this Section of the Zoning Ordinance.
What it means: The following is taken from materials presented at Deliberative Session:
Purpose: To clarify Professional Office/Residential District setbacks and establish missing requirements.
Overview: This Article improves upon the existing confusing language in Section 2.7 D (2) through (4). Instead of stating “all other residential dwelling structures” and referring to other subsections, the ordinance will now clearly spell out the pertinent uses (in this case, two-family and multi-family). Although the POR District currently includes height, setback, and minimum lot area requirements, it lacks a number other standard dimensional requirements. This Article also establishes requirements for minimum lot area per dwelling unit, maximum number of dwelling units per structure, minimum frontage, and maximum impervious coverage.
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 III-A – Accessory Dwelling Units to Single-Family Dwellings. Insert new Section 3- A.2 Permits Required (item c) to require that applicants submit a certified plot plan prepared by a Licensed Land Surveyor in the State of New Hampshire, with the existing and proposed setbacks and impervious coverage calculations for the lot provided on said plan, if the proposal involves any exterior enlargement of an existing building and/or any increase in impervious coverage of the lot and if the Building Inspector determines that compliance with Article IV Dimensional Requirements is questionable. Also, amend Section 3-A.10 Impact Fees to state that the impact fee requirement shall not apply to situations where a two-family property is legally converted to one single-family dwelling and one accessory dwelling unit.
What it means: The following is taken from materials presented at Deliberative Session:
Purpose: To address existing concerns regarding plan requirements and impact fees for ADU’s
Overview: This Article adds a Certified Plot Plan requirement, but it would only apply where an ADU proposal involves an enlargement of an existing building and/or an increase in impervious coverage of the lot. The Building Inspector must also determine that compliance with the dimensional requirements is questionable, justifying this level of drawing. The applicant will also have the option of appealing the Building Inspector’s determination to the Zoning Board of Adjustment under the terms of N.H. RSA 676:5.
With regard to payment of impact fees, this Article eliminates the requirement in situations where a two-family property is converted to one single-family dwelling and one accessory dwelling unit.
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 I – General. Section 1.6 Definitions to add a new “porch” definition.
Amend Article II – Districts. Section 2.3.7 C-4 of the Wetlands Conservation District Ordinance to clarify that porches are included in the 12-foot dwelling structure setback from the Wetlands Conservation District.
What it means: The following is taken from materials presented at Deliberative Session:
Purpose: To add a definition for “porch” and to specify Wetlands Conservation District applicability.
Overview: The Zoning Ordinance currently does not include the term “porch”. This Article defines the term in Section 1.6 as: A covered area adjoining an entrance to a building, usually with a separate roof from the rest of the building; Having a floor, and it may be open or partially enclosed on the sides not adjoining the building; Part of the building, and not permitted in the 12-foot dwelling structure setback from the Wetlands Conservation District. Section 2.3.7 C-4 is also modified to clarify that porches are included in the 12-foot dwelling structure setback from the Wetland Conservation District.
Are you in favor of the adoption of Amendment No. 5 as proposed by the Planning Board for the Hampton Zoning Ordinance as follows?
Amend Article I –General. Section1.6 Definitions to modify the definition of “Accessory Building” to clarify that such buildings are detached structures with permanent roofs. Also, modify the definition of “Accessory Use” to clarify that an accessory use with a roof is also classified as an accessory building.
Amend Article III –Use Regulations. Amend Section 3.1 to allow a single-family dwelling to have not more than two accessory buildings, and to cross-reference with the Accessory Building definition in Section 1.6. Also, amend Section 3.3 to allow two-family dwellings to have a private garage (consistent with the current language for single-family dwellings), not more than two accessory buildings, and to cross-reference with the Accessory Building definition in Section 1.6.
What it means: The following is taken from materials presented at Deliberative Session:
Purpose: To improve upon the existing accessory building language and limitations in the Zoning Ordinance.
Overview: This Article modifies the definition of “Accessory Building” to clarify that such buildings are detached structures with permanent roofs. It also modifies the definition of “Accessory Use” to clarify that an accessory use with a permanent roof is also classified as an accessory building. There are new provisions that will allow for not more than two accessory buildings on single-family and two-family lots, subject to meeting other zoning requirements. Necessary cross-referencing between Section 1.6 (Definitions) and Sections 3.1 (Single-Family Dwelling) and 3.3 (Two-Family Dwellings) is also included.
Shall the Town of Hampton vote to raise and appropriate the sum of $15,700,000 for the purpose of reconstructing High Street and Winnacunnet Road to include upgrading and replacing sewage and drainage systems, and replacing sidewalks, curbs, pavement treatments and other necessary improvements, said costs to include bid documents, the bid process, construction, and construction administration. Reconstruction of the roadway may include traffic calming structures or other improvements to assist in controlling the speed of vehicles. The application of final new pavement may occur in the year following the installation of the sewer and drainage upgraded and replaced systems to allow for the proper settlement of the excavated roadbeds; and
$13,700,000 of Such sum to be raised by the issuance of 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 withdrawal of $1,000,000 from the Road Improvement Capital Reserve Fund and $1,000,000 to come from the Unassigned Fund Balance; and
To authorize the Board of Selectmen and the Town Treasurer to issue, negotiate, sell and deliver such bonds or notes and to determine the rate of interest thereon and the maturity and other terms thereof in accordance with the Municipal Finance Act (RSA 33); and
To authorize the Board of Selectmen to apply for, contract for, obtain, accept and expend any Federal, State or other available aid or funds toward the project in accordance with the terms and conditions under which they are received and to comply with all laws applicable to said project 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 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 or to pass any other vote necessary to carry out the project in the best interest of the Town of Hampton? (3/5ths vote required)
What it means: Passage of this Article, which requires a 3/5th vote (60%), would authorize the reconstruction of High Street and Winnacunnet Road. Such reconstruction would include repair and replacement of sewer and drainage pipes; sidewalk repairs, replacement and construction; and roadway paving. The project would be completed over multiple years (least impact) with identified traffic control plans, and with no intention to close either road from end to end. The total cost of the project is $15,700,000. $1,000,000 would be withdrawn from the Road Improvement Capital Reserve Fund and $1,000,000 would be withdrawn from the Unassigned Fund Balance. The Article authorizes the Board of Selectmen to issue and negotiate notes or bonds for the balance of the project, $13,700,000 for a term not to exceed 30 years and to apply for any Federal, State or other available aid towards the project.
Those in favor say: Both roads are in need of the improvements, and evidence was provided at Deliberative Session of road cracking, broken and corroded drainage and sewer pipes, sidewalk and drainage concerns. This project includes the High and Mill Street intersection improvements approved in 2020. There is value in addressing both High Street and Winnacunnet Road at the same time due to the size and scale of the project in bidding to larger contractors. Current interest rates are low and construction costs not likely to decrease.
Those against say: No one spoke against this Article at the Deliberative Session.
Fiscal Impact: If a bond ($13,700,000 for 30-years at 3.5%) is issued in 2021, a Hampton home valued at $400,000 would be assessed an additional $89.60 in taxes in 2022 for the life of the bond. (To arrive at your specific tax impact, divide your property assessed value by 1,000 and multiply by .224).
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 $28,910,391. Should this article be defeated, the default budget shall be $29,239,314, 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? (Majority vote required)
What it means: The voters are presented with two possible budgets.
The Default Budget is regulated by RSA 40:13, and starts with the prior year’s budget as increased by obligations mandated by law (such as county taxes), debt service, and contracts lawfully entered into, and is reduced by one-time expenditures contained within the operating budget, salaries and benefits of positions that have been eliminated in the proposed budget. Multi-year contracts previously approved by legislative body or separate warrant article are included. The Default Budget will be the Operating Budget for the Town in the event the Proposed Operating Budget does not pass.
The Proposed Budget as presented by the Budget Committee includes items not allowed by the RSA to be included in the Default Budget, such as not-yet-voted contractual costs and anticipated needs determined by the various Town Departments. For 2021, the Proposed Budget is an increase over the 2020 approved budget of $802,858, but it is less than the Default Budget by a difference of $114,120.
To calculate the effect on your property tax (for your specific property):
Divide the Tax Assessor’s Valuation of your home by 1,000. (Example: for an assessment of $400,000, the number to use would be 400.) Use your latest tax bill or go to:
http://gis.vgsi.com/HamptonNH/Search.aspx and enter your street address to get your valuation.
Multiply the result by .212 for the tax impact of the Proposed Budget and by .242 for the Default Budget.
Those in favor say: Through the efforts of the heads of the Town Departments and the Budget Committee, the Proposed Operating Budget is lower than the Default Budget. Understanding the financial impact that the pandemic has had on many taxpayers, efforts were made to keep the budget manageable while still maintaining services for the residents.
Those opposed say: The Budget Committee had proposed an even lower budget and were opposed to changes by the voters at Deliberative Session (that added $214,803). However, approving the revised Proposed Operating Budget (a “yes” vote) will still produce a lower tax bill versus a “no” vote, which would implement the higher cost Default Budget.
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 SEIU Local 1984 (DPW employees), which calls for the following increases in salaries and benefits at current staffing levels, over the amount paid in the prior fiscal year:
Estimated Increase (over previous year level)
2021 (39 weeks) $71,442
2022 (52 weeks) $76,447
2023 (52 weeks) $63,406
2024 (13 weeks) $13,628
And to further raise and appropriate $71,442 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? (Majority vote required)
What it means: A “yes” vote approves the salary increases negotiated via the Collective Bargaining Agreement on behalf of DPW workers. Effective April 1, 2021 wages would increase by 1 .4%; April 1, 2022 by 1.9% and April 1, 2023 by 2.0%
Those in favor say: This was a negotiated contract, with give and take on both sides. It is fair to support Town employees with these modest increases, which are considerably lower than the requested increases from the just-expired contract. The increases will help the Town to retain current employees, who have gone above and beyond throughout the year to accomplish clean-up in a COVID environment. We have lost some employees to other communities because our starting wage of $15.47 is not keeping pace.
Those against say: No one spoke against Article 9 at the Deliberative Session.
Fiscal Impact: A household valued at $400,000 would see a tax increase of $7.60 in 2021, and an increase of $9.11 for the highest cost year in the contract period (2022), if Article 9 is approved. Cost per thousand dollars of valuation is 19 cents in 2021.
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 with the Hampton Professional Firefighters Association, Local 2664, IAFF, which calls for the following increases in salaries and benefits at current staffing levels, over the amount paid in the prior fiscal year:
Estimated Increase (over previous year level)
2021 (39 weeks) $77,439
2022 (52 weeks) $91,518
2023 (52 weeks) $102,117
2024 (13 weeks) $24,353
And to further raise and appropriate $77,439 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? (Majority vote required)
What it means: This Collective Bargaining Agreement covers 32 people: (4) fire alarm operators & (28) firefighters’ positions. The stated increases amount to 1 .4% in 2021; 1.9% in 2022 and 2.0% in 2023.
Those in favor say: Understanding that the pandemic has impacted every aspect of all of our lives, both sides tried to strike a balance that is mutually beneficial for the taxpayers, but also prevents the firefighters from losing ground against inflation. The percent increase is down from the 2.8% that was proposed but failed last year at Town Meeting. With the zero from last year, the 4-year average is 1.325%. Firefighters supported the community throughout the pandemic, and ask for your support now.
Those opposed say: No one spoke against Article 10 at the Deliberative Session.
Fiscal impact: If Article 10 is approved, a property valued at $400,000 would see a tax increase of $8.00 in 2021, and an increase of $12.16 for the highest cost year in the contract period (2023). Cost per thousand dollars of valuation is 2 cents in 2021.