TOWN WARRANT

Town of Tuftonboro

State of New Hampshire

 

The Polls Will be Open From10:00 AM to 7:00 PM

 

            To the Inhabitants of Town of Tuftonboro in the County of Carroll in said State, qualified to vote on Town Affairs:

 

            You are hereby notified to meet at the Tuftonboro Town House in said Tuftonboro on Tuesday, the eleventh day of March next, 2008, at 10:00 o’clock in the forenoon to act upon the following subjects:

 

Article 1-14 will be voted on by Ballot March 11th.

 

You are hereby notified to meet at the Tuftonboro Central School in said Tuftonboro on Wednesday, the twelfth day of March next at 7:30 PM in the evening to act upon the remaining articles:

 

1.               To choose all necessary Town Offices for the year ensuing.      

 

2.         Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

 

            Amending the Zoning Ordinance by inserting the adoption date into the title block and page footers, and moving the definitions section from Section 2 to the end of the document, and inserting the Tuftonboro Floodplain Development Ordinance after Section 13 Telecommunications Facilities.

 

The Planning Board recommends this amendment to make the Ordinance easier to use and understand.

                 

3.         Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

           

Amending Section 2.1 of the Zoning Ordinance so the definitions read as follows:

 

Building Height:  The vertical distance measured from the average level of the grade at the Building line a point on the ground at the mean finish grade adjoining the foundation to the highest point of the roof, excluding chimneys, ventilators, silos, and other accessory features required above the roof.

 

Expansion:  Any increase in the intensity of the use of a Lot, Building, or Structure. This includes, but is not limited to: the addition of bedrooms to a Dwelling; the addition of Dwelling Units to a Lot; or the addition of seats to a restaurant.  This may result in a larger footprint or an increase in height.

 

Home Occupation: Any individual business or profession conducted within a Dwelling Unit or Accessory Structure which (a) is incidental to the Dwelling Unit, (b) does not change the character of the Dwelling Unit or the surrounding neighborhood, (c) is conducted by the resident owner/lessee, (d) employs no more than three additional employees besides the owner/lessee, (e) there is no exterior storage of materials or equipment nor permanent display of products visible from the Street, and (f) uses not more than the equivalent of  fifty (50%) percent (50%) of the Gross Floor Area of the Dwelling Unit.

 

Pervious Surface: Consists of porous material. Does not cause an increased runoff. Will allow water to pass through at a rate equal to or greater than the natural infiltration rate of the underlying soil.

 

The Planning Board recommends this amendment to clarify the intent of these terms in the Zoning Ordinance. Note that currently there is no definition in the Ordinance for Pervious Surface.

 

4.         Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

 

Amending Section 3.5.1 of the Zoning Ordinance so that the last sentence reads as follows:

 

Any use not specifically listed in the Table shall be deemed to be prohibited  is prohibited unless it is consistent with the permitted uses and the district purpose.

 

The Planning Board recommends this amendment to accommodate compatible uses that did not exist when the table of uses was created.

 

5.         Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

 

Amending Section 3.6 of the Zoning Ordinance so that Home Occupations and Special Home Occupations are removed from the Residential Uses section of the Table and inserted in the Commercial Uses section of the Table.

 

The Planning Board recommends this amendment in order to place these uses in the correct section of the Use Table and be consistent with the text in the Zoning Ordinance.  This does not change the permissibility of Home Occupations or Special Home Occupations.

 

6.         Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

 

Amending Section 4.2 of the Zoning Ordinance by inserting the word “Impervious” into the eighth column heading as follows:

 

Max. %

Impervious

Coverage

Per Lot

 

The Planning Board recommends this amendment to clarify the type of lot coverage this standard includes.

 

7.         Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

 

            Amending Section 5 of the Zoning Ordinance by deleting Section 5.1.2.

 

Changes:  No Building, Structure, or use which has been changed from a Non-Conforming Use to a conforming use shall be permitted to revert to a Non-Conforming Use.

 

The Planning Board recommends this amendment to remove any redundancy in the Zoning Ordinance which creates confusion.

                       

8.         Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

 

Amending Section 5.1.3 of the Zoning Ordinance by inserting the word “           Height” as follows:

 

Rebuilding:  The restoration of a non-conforming Structure damaged by fire or other causes shall be substantially completed in one year and there shall be no increase in volume, height, or floor space of such Structure.

 

The Planning Board recommends this amendment to provide clarification.

 

9.         Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

 

Amending Section 5.2.1 of the Zoning Ordinance so that the section reads as follows:

 

Fire Ruins:  No owner or occupant of land in any District shall permit fire or other ruins to be left on a site, but within one year shall remove such ruins and fill any excavation with solid fill to ground level, or shall Repair, replace, or rebuild the Structure.  All potential hazards such as foundation holes are required to be mitigated within 90 days after the fire event and until the structure is reconstructed.

 

The Planning Board recommends this amendment to ensure the safety of the community after a fire event.

 

10.       Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

 

Amending Section 6.3.3 of the Zoning Ordinance by inserting the words “Pervious Material” as follows:

 

Surface:  All parking areas and Access drives and aisles shall be surfaced with bituminous binder, concrete, asphalt, pervious material, compacted, or crushed stone placed in order to prevent erosion and rising of dust.  If paved, the Lots shall be striped to delineate parking spaces.

 

The Planning Board recommends this amendment to include a full range of surface            materials.

 

11.       Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

 

Amending Section 7.3 of the Zoning Ordinance so that the Explanatory Note reads as follows:

 

Explanatory Note:

 

A.        The maximum aggregate area is the sum of all attached, projecting, and/or free standing Signs.  In no case can all of the Sign areas on a property exceed the maximum aggregate area identified above.

 

The Planning Board recommends this amendment to provide clarification.             

 

12.        Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

 

Amending the certification language in Articles 12.3.1 and 12.3.2 of the Zoning Ordinance to read as follows: 

 

“Based on my field investigation conducted on (date), Lots (lot numbers) contain at least ** Acres of contiguous non-wetland soil as defined specified by Article 12.5.3 of the Town of Tuftonboro Zoning Ordinance.

 

      (** is the minimum number of acres required for a lot in the particular zone in which the parent tract is located.)

 

The Planning Board recommends this amendment to clarify the existing certification so that it conforms to Article 12.5.3 of the Zoning Ordinance.

 

13.       Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

 

Amending the certification language in Article 12.3.3 of the Zoning Ordinance so that it reads as follows:

 

“Based on my field investigation conducted on (date), the sewage disposal capacity of the newly configured tax lots (lot numbers) is not diminished by this boundary line adjustment. newly configured tax lots (lot numbers) contain adequate non-wetland soil area to support a State approved sewage disposal system.

 

The Planning Board recommends this revision because the current certification is worded improperly.

 

14.        Are you in favor of the following amendment to the Zoning Ordinance as recommended by the Planning Board?

 

Amending Section 13.2.9 of the Zoning Ordinance so that the definition of Height reads as follows:

 

Height.  The distance measured from ground level to the highest point on the tower or other structure, including antennas including its attachments.

 

The Planning Board recommends this amendment to provide clarification.

 

15.       To see if the Town will vote to change the Town Treasurer position for the Town of Tuftonboro, from an elected position to a position appointed by the Town of Tuftonboro Board of Selectmen.

(Majority vote required)

(Recommended by the Selectmen and Budget Committee)

 

16.       To see if the Town will vote to raise and appropriate the sum of Eight thousand five hundred and fifty dollars ($8,550) for the purchase of a police radar trailer.

(Majority vote required)

            (Recommended by the Selectmen and Budget Committee)

 

17.       To see if the Town will vote to raise and appropriate the sum of Thirty seven thousand, five hundred dollars ($37,500) for the purchase and equipping of a new police cruiser.

(Majority vote required)

            (Recommended by the Selectmen and Budget Committee)

 

18.       To see if the Town will vote to raise and appropriate the sum of Eighty thousand dollars ($80,000) for the purchase of a new fire boat and related equipment to replace the 1990 Eastern Lobster Style RNBT.

(Majority vote required)

            (Recommended by the Selectmen and Budget Committee)

 

19.       To see if the Town will vote to raise and appropriate the sum of One hundred eighty five thousand dollars ($185,000) for the paving of town roads.

(Majority vote required)

            (Recommended by the Selectmen and Budget Committee)

 

20.       To see if the Town will vote to reclassify the southern end of County Road from a Class VI to a Class V Seasonal Highway and to raise and appropriate the sum of Seven thousand five hundred dollars ($7,500) for repairs to that section of County Road.

(Majority vote required)

            (Recommended by the Selectmen and Budget Committee)

 

21.       To see if the Town will vote to raise and appropriate the sum of Ten thousand dollars ($10,000) for the use of the Public Safety Facilities Study Committee.

(Majority vote required)

            (Recommended by the Selectmen and Budget Committee)

 

22.       To see if the Town will vote to raise and appropriate the sum of Two hundred twenty five thousand dollars ($225,000) for the reconstruction of a section of Lang Pond Road which qualifies as a bridge project per NH Dept. of Transportation and is thereby eligible for 80% reimbursement by the NHDOT. In the event the project does not qualify for 80% reimbursement, the work will not proceed without further vote of the town meeting.

(Majority vote required)

            (Recommended by the Selectmen and Budget Committee)

 

23.       To see if the Town will vote to raise and appropriate the sum of Ten thousand dollars ($10,000) for the purpose of dredging the Melvin River. Due to the floods created by the storm of April, 2007 sand, gravel and silt were eroded from the banks of the river creating a hazard when using the public boat ramp located on Lake Rd. This is a petitioned Warrant Article.

(Majority vote required)

            (Recommended by the Selectmen and Budget Committee)

 

24.       To see if the Town will vote to raise and appropriate the sum of One hundred thirty-two thousand seven hundred eighty three dollars ($132,783) for the purchase of 18 Self Contained Breathing Apparatuses (air packs) and all Related Equipment for the Fire Department; $126,144.00 of this amount will be funded by the Dept. of Homeland Security with the “Assistance to Firefighters Grant of 2007”.

(Majority vote required)

            (Recommended by the Selectmen and Budget Committee)

 

25.       To see if the Town will vote to authorize the Conservation Commission to retain the unexpended portion of its appropriations. Said funds to be placed in a special Conservation Fund in accordance with RSA 36-A:5.

(Majority vote required)

            (Not Recommended by the Selectmen or Budget Committee)

 

26.       To see if the Town will vote to place all Land Use Change Tax Revenue into the Conservation Fund in accordance with RSA 79-A:25.

(Majority vote required)

            (Not Recommended by the Selectmen or Budget Committee)

 

27.       To see if the Town will vote to require that all votes by the Town’s governing body and Budget Committee, relative to Budget items or Warrant Articles, be recorded and a numerical tally of any such vote be printed in the Town Warrant next to the affected Warrant Article.

            (Majority vote required)

 

28.       To see if the Town will vote to raise and appropriate the Budget Committee’s recommended amount of Two million two hundred thirty seven thousand seventy-eight dollars ($2,237,078) to defray town charges. This article does not include any special or individual warrant articles. 

(Majority vote required)

            (Recommended by the Selectmen and Budget Committee) 

 

29.       To transact any other business that may legally come before this meeting.

 

 

 

Given under our hands and seal this 25th day of February, in the year of our Lord, Two Thousand and Eight.

 

 

                                                            A True Copy of Warrant Attest:

 

                                                                                                                                               

Susan Weeks, Chairman                                              

 

 

                                                                                                                                               

William Stockman, Selectman                                     

 

                                                                                                                                   

Daniel Duffy, Selectman

 

Board of Selectmen