2008 Plaistow Town Warrant
State of New Hampshire
To the inhabitants of the Town of Plaistow, New Hampshire, in the County of Rockingham in said state, qualified to vote in town affairs.
You are hereby notified to meet for the first session of the annual town meeting at the Plaistow Town Hall 145 Main Street in said Plaistow on Saturday, February 2, 2008 at 10:00 AM in the forenoon to explain, discuss and debate each Article and to determine the form for the questions on the ballot, except those warrant articles where wording is prescribed by law. The snow date will be at the Plaistow Town Hall on Monday, February 4, 2008 starting at 6:30 PM. The final voting on all warrant articles will take place by official ballot at the second session.
Further, you are hereby notified to meet for the second session of the annual town meeting at Pollard School, Main Street, in said Plaistow on Tuesday, March 11, 2008, from 8:00 AM in the forenoon until 8:00 PM in the afternoon to elect officers and to act on the following Articles by official ballot voting.
The articles begin with “P” to differentiate these town articles from the school district article numbers.
Article P-08-01 To elect all necessary Town Officers for the ensuing year.
SELECTMAN VOTE FOR NOT
THREE YEAR TERM MORE THAN ONE
MODERATOR VOTE FOR NOT
TWO YEAR TERM MORE THAN ONE
BUDGET COMMITTEE VOTE FOR NOT
THREE YEAR TERM MORE THAN FOUR
BUDGET COMMITTEE VOTE FOR NOT
ONE YEAR TERM MORE THAN THREE
PLANNING BOARD VOTE FOR NOT
THREE YEAR TERM MORE THAN TWO
LIBRARY TRUSTEE VOTE FOR NOT
THREE YEAR TERM MORE THAN ONE
LIBRARY TRUSTEE VOTE FOR NOT
TWO YEAR TERM MORE THAN ONE
LIBRARY TRUSTEE VOTE FOR NOT
ONE YEAR TERM MORE THAN ONE
CONFLICT OF INTEREST VOTE FOR NOT
THREE YEAR TERM MORE THAN ONE
CONFLICT OF INTEREST VOTE FOR NOT
TWO YEAR TERM MORE THAN ONE
CONFLICT OF INTEREST VOTE FOR NOT
ONE YEAR TERM MORE THAN ONE
AUDITOR VOTE FOR NOT
ONE YEAR TERM MORE THAN TWO
TRUSTEE OF THE TRUST FUND VOTE FOR
ONE YEAR TERM NOT MORE THAN ONE
SUPERVISOR OF CHECK LIST VOTE FOR NOT
SIX YEAR TERM MORE THAN ONE
OPERATING BUDGET
Article P-08-02 Shall the town raise and appropriate as an operating budget, not including appropriations by special warrant article and other appropriations voted separately, the amounts set forth on the budget posted with the warrant or as amended by vote of the first session, for the purposes set forth therein, totaling seven million eighty five thousand nine hundred twenty seven dollars ($7,085,927)? Should this article be defeated, the operating budget shall be six million, nine hundred sixty three thousand nine hundred eighty six dollars ($6,963,986) which is the same as last year, with certain adjustments required by previous action of the town 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.
Recommended by the Board of Selectmen and Budget Committee.
HIGHWAY EQUIPMENT RESERVE FUND
Article P-08-03 Shall the Town vote to raise and appropriate the sum of $62,500 to be added to the Highway Department Equipment Capital Reserve Fund?
Recommended by the Board of Selectmen and the Budget Committee and the project is in the Capital Improvement Plan as approved by the Planning Board.
[Intent: To set aside money for future purchases of Highway Department vehicles. An updated 2007 financial analysis of future vehicle replacement shows that the department needed to spend $625,000 over the next 10 years to replace the existing fleet as it ages. Putting $62,500 aside each year will allow for the orderly replacement of highway vehicles, by leveling the yearly tax impact. This money can only be spent by a future vote at Town Meeting. This money will be invested in an interest bearing account.]
HIGHWAY GARAGE OFFICE TRAILER
Article P-08-04 Shall the Town vote to raise and appropriate the sum of $20,000 for the acquisition, installation and set-up of a temporary office trailer to be located next to the Highway Garage in which offices and restroom facilities will be relocated from the existing garage?
Recommended by the Board of Selectmen and the Budget Committee and the project is in the Capital Improvement Plan as approved by the Planning Board.
[Intent: To provide a temporary facility of approximately 400 square feet, into which offices and restroom can be relocated from the existing Highway Garage to minimize exposure to methane gas that has been previously identified in the garage. This will also provide additional space for safer storage of equipment within the garage building, by removing these two uses. The funds raised by this article will cover the cost of acquisition of a used office trailer as well as electricity, plumbing, telephones, internet connections, alarms and other setup. ]
FIRE DEPARTMENT EQUIPMENT CAPITAL RESERVE
Article P-08-05 Shall the Town vote to raise and appropriate the sum of $80,000 for the Fire Department Equipment Capital Reserve Fund?
Recommended by the Board of Selectmen and the Budget Committee and the project is in the Capital Improvement Plan as approved by the Planning Board.
[Intent: To set aside money for future purchase of Fire Department vehicles. Putting $80,000 aside each year will allow for orderly replacement of fire vehicles by leveling the yearly tax impact. This money can only be spent by a future vote at town meeting. This money will be invested in an interest bearing account.]
WATER CAPITAL RESERVE
Article P-08-06 Shall the Town vote to raise and appropriate $148,250 for the Fire Suppression Water Capital Reserve Fund for future expansion of the fire suppression water system?
Recommended by the Board of Selectmen and the Budget Committee and the project is in the Capital Improvement Plan as approved by the Planning Board.
[Intent: To set aside money for future expansion of the fire suppression water system so that the Town can do the work at the same time as the NH Department of Transportation rebuilds sections of Route 125. A current analysis shows that the Town would need to spend $1,226,000 to complete this project. Putting $148,250 aside each year will level the tax impact of this work. NHDOT’s plans show the last phase being completed in 2015. Last year’s operating budget included $210,000 for work planned for 2007. No funds for expansion are included in the 2008 operating budget since no work is planned for 2008. This money will be invested in an interest bearing account]
CONSERVATION FUND
Article P-08-07 Shall the Town vote to raise and appropriate the sum of $5,000 to be added to the Conservation Fund?
Recommended by the Board of Selectmen and the Budget Committee and the project is in the Capital Improvement Plan as approved by the Planning Board.
[Intent: To provide additional funding to the Plaistow Conservation Fund. The Conservation Commission intends to purchase land, easements and/or other land rights to preserve the natural environment. There is approximately $44,375 in the fund as of December 31, 2007. This money will be invested in an interest bearing account.]
TOWN CLERK SALARY
Article P-08-08 Shall the Town vote to raise and appropriate the sum of $1,052 to increase the salary of the Town Clerk by $904 from $37,669 to $38,753, effective April 1, 2008? The additional $148 is to cover the Town’s payment for Social Security, Retirement and Medicare.
Recommended by the Board of Selectmen and the Budget Committee.
[Intent: To increase the salary of the Town Clerk by the same amount (3.2%) and at the same time as the proposed cost of living increase for nonunion Town employees in 2008.]
TAX COLLECTOR SALARY
Article P-08-09 Shall the Town vote to raise and appropriate the sum of $729 to increase the salary of the Tax Collector by $626 from $26,100 to $26,726, effective April 1, 2008? The additional $103 is to cover the Town’s payment for Social Security, Retirement and Medicare.
Recommended by the Board of Selectmen and the Budget Committee.
[Intent: To increase the salary of the Tax Collector by the same amount (3.2%) and at the same time as the proposed cost of living increase for nonunion Town employees in 2008.]
WATER TOWER STUDY
Article P-08-10 Shall the Town vote to raise and appropriate the sum of $5,000 to identify strategies for replacement, maintenance or removal of the Water Tower located on the Chart/Process site at 146 Main Street?
Recommended by the Board of Selectmen and the Budget Committee and the project is in the Capital Improvement Plan as approved by the Planning Board.
[Intent: To undertake an engineering study to determine recommendations for future actions for the water tower. Currently, the tower is not in service for the water supply and has corrosion, deterioration and flaking of paint. The tower serves as a mount for cellular phone antennas which provided $99,200 of revenue to the Town in 2007. In addition, a review is necessary to ensure that the tower or a substitute is not necessary for maintaining backup pressure in the fire suppression water system. The Board of Selectmen will review the results of this study and bring a recommendation for action to a future Town Meeting.]
MEALS ON WHEELS
Article P-08-11 Shall the Town vote to raise and appropriate the sum of $2,000 to support the activities of Rockingham Nutrition and Meals on Wheels?
Recommended by the Board of Selectmen and the Budget Committee.
[Intent: To provide assistance to the Meals on Wheels program which distributed meals at the Vic Geary Center or delivers to elderly and disabled residents of Plaistow. In 2007, approximately 107 clients in Plaistow were served, consuming 8,084 meals. If approved, money for this purpose may appear in the operating budget in future years.]
PATROL POLICE OFFICER POSITION
Article P-08-12 Shall the Town vote to raise and appropriate the sum of $34,167 to hire one additional full time police officer to start no earlier than August 1, 2008?
Recommended by the Board of Selectmen and the Budget Committee.
[Intent: To add a full time patrol police officer position to the Plaistow Police Department. A local 2001 staffing study showed a shortage of approximately four patrol officers. Since that time 1.15 full time positions have been added. A 2007 update to the staffing study showed the shortage relative to New Hampshire averages to be at least four officers. Of the total cost, approximately $15,602 would be wages, $10,615 would be taxes, benefits and retirement and $7950 would be a onetime cost for uniforms and initial issue of equipment. It is estimated that a full year of this position, including wages, taxes and benefits would be approximately $62,715.]
CONSERVATION FUND
Article P-08-13 Shall the Town vote to rename the Conservation Commission Land Acquisition Fund, as established in 1982, to the Conservation Fund and further to allow monies in said fund to be used for all purposes authorized under RSA 36-A:4?
Recommended by the Board of Selectmen.
[Intent: To change the name of the Conservation Commission Land Acquisition Fund and to allow it to be used for all purposes allowed under RSA 36-A:4 which include expenditures to acquire, maintain, improve, protect or limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas within the Town. Currently, the fund can only be used for the purpose of land acquisition.]
LISTING OF VOTES
Article P-08-14 Shall the Town adopt the provisions of RSA 32:5 and 40:13 to require that the numeric tally of all votes of the Town Budget Committee and the Board of Selectmen be printed in the warrant next to the article? This tally is to be included on all warrant articles.
Recommended by the Board of Selectmen.
[Intent: To allow recording of recommendation votes by the Budget Committee and Board of Selectmen with warrant articles on the ballot. This was done in 2007. State law changed in 2007, requiring that Town Meeting vote to authorize and require such a tally.]
TOWN CLERK DENTAL INSURANCE
Article P-08-15 {By Petition} To see if the Town will vote to pay Dental Insurance for the Town Clerk at the same rate of other full time Town Employees.
Not recommended by the Board of Selectmen and Budget Committee
[Intent: To pay the cost of the Town Clerk’s Dental Insurance at the same rate as other full time Town Employees. Currently, the Town pays nothing; if it passes it would become effective from April 1, 2008 at a rate of $46.53 per month. Total Tax impact for 2008 would be $418.77.]
PATROL POLICE OFFICER POSITION
Article P-08-16 {By Petition} Shall the Town vote to raise and appropriate the sum of $34,167 to hire one additional full time police officer to start no earlier than August 1, 2008?
Recommended by the Budget Committee. Not recommended by the Board of Selectmen
[Intent: To add a full time patrol police officer position to the Plaistow Police Department. A local 2001 staffing study showed a shortage of approximately four patrol officers. Since that time 1.15 full time positions have been added. A 2007 update to the staffing study showed the shortage relative to New Hampshire averages to be at least four officers. Of the total cost, approximately $15,602 would be wages, $10,615 would be taxes, benefits and retirement and $7950 would be a onetime cost for uniforms and initial issue of equipment. It is estimated that a full year of this position, including wages, taxes and benefits would be approximately $62,715.]
GARDEN ROAD
Article P-08-17 {By Petition} Shall the Town vote to authorize the Board of Selectmen to determine the final disposition of a portion of Garden Road running parallel to Route 125 beginning at the end of the existing curb cut on NH Route 125 and heading Northerly to Westville Road abutting Casey’s Diner? This may include complete discontinuance of this portion of Garden Road pursuant to RSA 231:43, if the Board of Selectmen determines it is to be in the best interests of the citizens of Plaistow.
Not recommended by the Board of Selectmen.
FORMER ROUTE 108
Article P-08-18 {By Petition} (approved) To see if the town will vote to discontinue, pursuant to RSA 231:43, the unnamed road being the former Road 108 that runs from the intersection of Brandy Brow Road and Old Newton Road to its intersection with Route 108 and Old Newton Road to the north.
(The underlined words are deleted – see below.)
(proposed) To see if the town will vote to discontinue completely, pursuant to RSA 231:43, the section of the old Haverhill to Newton Road that runs from the intersection of a cross road sometimes known as Brandy Brow Road and the old Haverhill to Newton Road at the southwest corner of land now or formerly of Kasson, thence, running north to its intersection with the current Route 108 and the old Haverhill to Newton Road. Ownership of this land to go to abutters.
Article approved at 2005 town meeting (Art-P-22). The bold underlined words are added to clarify the legal description.
Not recommended by the Board of Selectmen.
BRANDY BROW ROAD
Article P-08-19 {By Petition} (approved) To see if the town will vote to discontinue pursuant to New Hampshire Revised Statutes annotated 231: 43 the unnamed road that runs through Brandy Brow Auto Parts, said road running from the New Hampshire/Massachusetts state line to Route 108 (a/k/a Newton Road).
(The underlined words are deleted – see below.)
To see if the Town will vote to discontinue completely pursuant to New Hampshire Revised Statute Annotated 231:43, Brandy Brow Road that runs through Brandy Brow Auto Parts, said road running from the New Hampshire/Massachusetts state line westerly to Route 108 (a/k/a Newton Road). Ownership of this land to go to the abutters.
Article approved at 1995 town meeting (Art. P-31). The bold underlined words are added to clarify the legal description.
Not recommended by the Board of Selectmen.
Article P-08-20 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article IV., Wetlands, § 220-24., Prohibitions in the Wetlands District., by revising letter A. as follows:
A. Septic systems and waste disposal systems.
(1) Septic systems or waste disposal systems are not allowed.
(2) No replacement septic system or waste disposal system on an existing lot of record shall be allowed in the wetlands district unless:
(a) The new design has been approved by state and municipal authorities,
(b) It is not possible to locate the replacement system outside of the wetlands district, and if possible, 100 feet or more from the wetlands boundary on the existing lot of record.
[The purpose of this amendment is to clarify that septic systems are not allowed in the wetlands district and to specify the criteria for replacement systems.]
Recommended by the Planning Board
Article P-08-21 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article IV., Wetlands, § 220-26. (Currently Reserved):, by adding the following:
§ 220-26. Septic systems and waste disposal systems.
A. No new septic system or waste disposal system shall be allowed within 100 feet of a wetlands boundary.
B. No replacement septic system or waste disposal system on an existing lot of record shall be allowed within 100 feet of a wetlands boundary unless:
(1) The new design has been approved by state and municipal authorities,
(2) It is not possible to locate the replacement system 100 feet or more from the wetlands boundary on the existing lot of record.
[The purpose of this amendment is to add specific language for the location of new or replacement septic systems in relation to the wetlands boundary where the new or proposed system is not in the wetlands district.]
Recommended by the Planning Board
Article P-08-22 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article III., General Provisions, Section 220-9.1., Location of residential driveways, by removing the word paved, so that it reads as:
“All driveways in any residential district must be located within the frontage of the lot and comply with the rear and side setbacks as specified in Table 220-32J.”
[The purpose of this amendment is to specify that no driveway, whether paved or unpaved, may be allowed in a rear or side setback.]
Recommended by the Planning Board
Article P-08-23 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article II., Definitions, Section 220-2., Definitions., by adding a new definition for
“Service Repair Facility” as follows:
“Service Repair Facility: Building or other structure where the majority of inside space is used for the repair of motor vehicles, including auto body repair.”
[The purpose of this amendment is to specify the definition of this use which is currently an allowed use in the CI zone.]
Recommended by the Planning Board
Article P-08-24 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article V., Establishment of Districts and District Regulations, ~ 220-28., Establishment of Districts, Table 220-32A., Industrial, by removing all uses by special exception and adding Banks and Bank Kiosks, as permitted uses and by adding paragraphs D., E. and F. to read as follows:
D. No certificate of occupancy for any bank or bank kiosk use may be granted before at least one (1) certificate of occupancy has been issued for an industrial use.
E. In an industrial development, no more than 10% of the total building footprint for the development can be used for bank or bank kiosk uses.
F. The intent of allowing a bank or a bank kiosk in an industrial zone is to provide a convenient service for the employees of the industries in an industrial zone.
[The purpose of this amendment is to remove permitted uses by special exception and apply additional criteria for bank and bank kiosk uses in the industrial zone.]
Recommended by the Planning Board
Article P-08-25 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article II., Definitions, Section 220-2., Definitions., by adding a new definition for
“Vehicular Brokerage Office” as follows:
VEHICULAR BROKERAGE OFFICE - That portion of a structure devoted in whole or in part to the administrative functions related to new and/or used motor vehicle sales with no retail or wholesale display or storage of motor vehicles. Retail or wholesale display and/or storage of motor vehicles are specifically prohibited.
[The purpose of this amendment is to specifically define what “Vehicular Brokerage Office” use is so that it is clear that it can involve office space only.]
Recommended by the Planning Board
Article P-08-26 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article V, Establishment of District and District Regulations, Section 220-32, District Objectives and Land Use Control, Section 220-32B., Commercial I, by adding a new permitted use:
“Vehicular Brokerage Office”
[The purpose of this amendment is add “Vehicular Brokerage Office” as a permitted use in the CI district.]
Recommended by the Planning Board
Article P-08-27 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article IX., Signs, §220-59., Commercial I and Industrial Districts by revising letter A as follows:
A. Attached signs:
Delete the portion that reads:
Each business or industrial plant may have two attached signs. One may have an area on one side of up to 30 square feet, the second may have an area of up to 15 square feet. No one dimension shall exceed eight feet on either side. Signs must pertain to enterprises conducted within the structure to which the signs are attached. Attached signs having an area of over 30 square feet, or dimension of over eight feet, shall not be erected or maintained without a special exception from the Board of Adjustment upon a finding that:
(1) The sign will be attached to a wall surface of a building and will not cover more than 10% of that wall surface.
(2) The special exception, if granted, will comply with all the requirements of Article XX
And add a new portion to read:
Each business and/or industry shall be allowed up to two signs attached to a building façade provided the following restrictions are met:
(1) If both signs are attached to the same building façade then the total square footage of both signs shall not exceed 10% of the building façade to which they are affixed.
(2) If the signs are attached to different building facades then one sign shall not exceed 10% of the façade to which it is affixed and the other sign shall not exceed 5% of the façade to which it is affixed.
(3) The building façade is calculated by measuring from roofline to foundation and subtracting out any glass.
[The purpose of this amendment is to clarify the requirements for attached signs in the Commercial I and Industrial Districts and to remove the need for a special exception.]
Recommended by the Planning Board
Article P-08-28 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article IX., Signs §220-62., Temporary Signs., paragraph B., by deleting the portion that reads:
“No more than two thirty-day permits shall be issued for temporary signs on any lot in any thirty-day period.”
And adding the following new subsections:
(1) For business locations with 10 or fewer businesses, no more than one thirty-day permit shall be issued at the same time.
(a) No single business shall be issued a permit for a temporary sign more than 6 times in the same calendar year or for more than 3 consecutive months.
(2) For business locations with 11 or more businesses, no more than two thirty-day permits shall be issued at the same time.
(a) No single business shall be issued a permit for a temporary sign more than 6 times in the same calendar year or for more than 3 consecutive months.
(b) No single business shall be issued more than one thirty-day permit at the same time.
[The purpose of this amendment is to respond to numerous citizen complaints regarding the number and the seemingly permanent nature that some of the commercial temporary signs have taken on as well as give some restrictions to prevent over-use by any single business.]
Recommended by the Planning Board
Article P-08-29 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article IX., Signs §220-62., Temporary Signs., paragraph C., by deleting the portion that reads:
“except directional real estate signs.”
[The purpose of the proposed amendment is the deletion of the portion of §220-62C regarding real estate signs is to eliminate a conflict with wording in another section of Article IX.]
Recommended by the Planning Board
Article P-08-30 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article IX., Signs §220-62., Temporary Signs., by adding three new paragraphs:
D. Temporary signs shall not be installed on in-ground posts or anything else of a visible permanent or semi-permanent nature.
E. Temporary signs may be internally lit; no permanent or temporary external lighting is to be installed to illuminate temporary signage.
F. If the business owner is not the property owner, then the property owner’s written permission is required to issue a thirty-day temporary sign, banner or poster permit.
[The purpose of this amendment is to respond to numerous citizen complaints regarding the number and the seemingly permanent nature that some of the commercial temporary signs have taken on as well as give some restrictions to prevent over-use by any single business.]
Recommended by the Planning Board
Article P-08-31 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article III., General Provisions §220-8.1., Residential Garages by revising letter B as follows:
Deleting the section that reads:
“Any proposed garage/barn greater than the permitted square footage shown in Subsection A of this section requires a special exception.”
[The purpose of this ordinance is to require that any application for a garage larger than the permitted size to obtain a variance.]
Recommended by the Planning Board
Article P-08-32 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article II, Definitions, Section 220-2, Definitions, by adding the following:
Restaurant – Any building or structure that prepares or serves food for purchase by the general public. It may include any combination of sit-down service, take out service, and curbside service where a restaurant employee brings take out orders to a customer waiting in a vehicle. Specifically not included in the definition are drive-thru and drive-in restaurants.
(A) Drive-thru Restaurant – Any restaurant that offers drive-thru service where
customers remain in their vehicles and form queues to order and pick up food
packaged for take out.
(B) Drive-in Restaurant – Any restaurant where customers remain in their vehicles to
order and consume food and beverages. Restaurant employees typically take food
orders and deliver food to the customers’ vehicles.
[The purpose of this amendment is to provide definitions for different types of restaurants in order to more clearly specify which types of restaurants would be allowed in different zones.]
Recommended by the Planning Board
Article P-08-33 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article V., Establishment of Districts and District Regulations, Section 220-32, District Objectives and Land Use Control, Table 220-32B, “CI” – Commercial I, by removing Drive-in restaurants from the list of uses allowed by special exception and by adding Drive-thru restaurants and Drive-in restaurants to the list of permitted uses.
[The purpose of this amendment is to allow all types of restaurants in the Commercial I zone (Rt. 125).]
Recommended by the Planning Board
Article P-08-34 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article V., Establishment of Districts and District Regulations, Section 220-32, District Objective and Land Use Control, Table 220-32B, “CI – Commercial I,” by moving “Produce Stand” from the list of uses Allowed by Special Exception to the list of Permitted Uses, and by removing “Day Care Facility” from the list of uses Allowed by Special Exception.
[The purpose of this amendment is to allow Produce Stand as a permitted use in the Commercial I zone and therefore removing the need to obtain a special exception, and to remove Daycare Facility as a use allowed by special exception, thereby rendering it a use no longer permitted, or allowed by special exception in the CI District.]
Recommended by the Planning Board
Article P-08-35 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article V., Establishment of Districts and District Regulations, Section 220-32, District Objective and Land Use Control, Table 220-32B, “CI – Commercial I,” by adding new paragraphs as follows:
D. Special Exception Criteria for the use “Care & Treatment of Animals”
(1) There must be at least one (1) employee for every fifteen (15) animals at the facility.
(2) If animals are to remain overnight, there must be at least one (1) employee at the facility between the hours of closure on one day and the opening for business the next business day, or until all animals are removed. Accommodations for such a care taker are permitted, although it is not the intent of the ordinance to allow the facility to be the care taker’s residence in all districts except as a combined use in the ICR District.
(3) The operator of the facility must present a plan that includes the type of animals that would be treated or cared for at the facility. There must be adequate exercise areas for the animals, if appropriate.
(4) Large animals whose normal weight would exceed one hundred eighty (180) pounds are prohibited under this section of the ordinance.
(5) The operator of the facility must present a plan that describes how the animal waste is to be disposed.
(6) If appropriate, a stockade fence may be required to reduce or eliminate disturbing the animals by adjacent activities and likewise to reduce or eliminate disturbing the abutters by the animals.
(7) If animals are to be treated by veterinarians or veterinary assistants to operate the facility at the proposed location, all necessary licenses must be presented before an occupancy permit shall be issued.
(8) Any facility must also comply with all federal, state, and local health ordinances as applicable.
(9) No animals can remain outside overnight, and if any animals are to remain outdoors during the daytime, then adequate facilities must be provided for shelter and water.
[The purpose of this amendment is to provide criteria that must be met in order to allow a use by special exception where those criteria are not otherwise specified in the Zoning Ordinance. ]
Recommended by the Planning Board
Article P-08-36 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article V., Establishment of Districts and District Regulations, ~220-32, District Objectives and Land Use Control, Table 220-32C, “CII” – Commercial II and Table 220-32D, “VC” – Village Center by adding “Fraternal, service, and charitable uses” as a permitted use.
[The purpose of this amendment is to allow for an additional use compatible with the Commercial II and Village Center Districts.]
Recommended by the Planning Board
Article P-08-37 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article V., Establishment of Districts and District Regulations, Section 220-32, District Objectives and Land Use Control, Table 220-32C, “CII” – Commercial II and Table 220-32D, “VC” – Village Center by removing “Day-care center” from the list of uses permitted by special exception and by adding “Day care facilities” as a new permitted use.
[The purpose of this amendment is to add day care facilities as a permitted use in the Commercial II and Village Center Districts.]
Recommended by the Planning Board
Article P-08-38 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amending Article V., Establishment of District and District Regulations, Section 220-32, District Objectives and Land Use Control, Table 220-32 E, F, and I, by removing “Nursing and convalescent homes” and “Private schools” and “Fraternal, service, and charitable uses” as permitted uses by special exception” in the Low Density Residential (LDR), Medium Density Residential (MDR) and Residential Conservation II (RC II) Districts.
[The purpose of this amendment is to remove some uses allowed by special exception that are not compatible with the objectives of the LDR, MDR and RCII zones.]
Recommended by the Planning Board
Article P-08-39 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amending Article V., Establishment of District and District Regulations, Section 220-32, District Objectives and Land Use Control, Table 220-32H, Residential Conservation I, Paragraph B., “All uses allowed by special exception,” by allowing Single-family residence, Forestry, Agriculture and Accessory Uses as Permitted Uses, and by removing number 5, Private recreation.
[The purpose of this amendment is to remove “Private recreation” as a permitted use, and to remove the special exception requirement for the four remaining permitted uses.]
Recommended by the Planning Board
Article P-08-40 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amending Article V., Establishment of District and District Regulations, Section 220-32, District Objectives and Land Use Control, Table 220-32G, “Integrated Commercial- Residential District,” by adding “Bank Kiosk,” “Restaurant”, “Day Care Facilities”, “Produce Stands” and “Fraternal, service and charitable uses,” as permitted Commercial/industrial uses, and removing “Drive-In Restaurant,” “Fraternal, service, and charitable uses,” and “Nursing and convalescent homes,” as uses allowed by special exception; and to add footnote 6 for the Permitted By Special Exception use “Care and treatment of animals” to reference additional criteria for that particular use as specified in Article V., Table
220-32B., paragraph D. as proposed.
[The purpose of this amendment is to remove some uses allowed by special exception that are not compatible with the objectives of the ICR zone, add references to the special exception criteria for the remaining uses allowed by special exception, and to add to the list of permitted commercial uses.]
Recommended by the Planning Board
Article P-08-41 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amending Article V., Establishment of District and District Regulations, Section 220-32, District Objectives and Land Use Control, Table 220-32G, “Integrated Commercial- Residential District,” by adding “All uses allowed by special exception” under the Combined Uses section. This includes adding footnote 6 to reference additional criteria for care and treatment of animals as specified in Article V., Table 220-32B., paragraph D. as proposed and footnote 5 for additional criteria for In-law apartments.
[The purpose of this amendment is to remove some uses allowed by special exception that are not compatible with the objectives of the ICR zone, add references to the special exception criteria for the remaining use allowed by special exception, and to add uses allowed by special exception to the Combined Uses section of the ICR district.]
Recommended by the Planning Board
Article P-08-42 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Remove all references to fees in the zoning ordinance.
[The purpose of this amendment is to eliminate duplication of fee information that is currently cited in both the zoning ordinance and a separate document entitled, “Fee Schedule.” The “Fee Schedule” can then be amended at a Planning Board Public Hearing.]
Recommended by the Planning Board
Given under our hands and seal this 28th day of January in the year of our Lord, Two Thousand and Eight.
Michelle L. Curran, Chairman
Lawrence W. Gil, Vice Chairman
Charles L. Blinn, Jr,
John A. Sherman
Daniel J. Poliquin
| 
