2011 Town Warrant Articles
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16 School St.
Allenstown, NH
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Voters will once again face a shopping list of 21 warrant articles with 13 items coming from the Planning Board. These 13 articles make various changes to zoning laws.

For reference, the Planning Board members are: Jim Roger (Chair), Tonya Davis (Vice Chair), Dan Chaput (Secretary), and Bob Lee. Perhaps they can explain the reasons for the first 13 warrant articles.

The following links take you to the full text of each warrant article and a commentary.

  • Article 1 – Add and amend a number of zoning definitions
  • Article 2 – Amend Article VI, Open Space and Farming
  • Article 3 – Amend Article VII, Residential Zone
  • Article 4 – Amend Article VIII, Business Zone
  • Article 5 – Amend Article IX, Industrial Zone
  • Article 6 – Amend Article X, Commercial/Light Industrial Zone
  • Article 7 – Amend Article XI, Supplemental Regulations
  • Article 8 – Agriculture conservation overlay district
  • Article 9 – Suncook Village Infill Development District
  • Article 10 – Groundwater Protection Overlay District
  • Article 11 – Permanent (Post Construction) Storm Water Management Ordinance
  • Article 12 – Rezone certain industrial zoned properties
  • Article 13 – Change the zoning classification for certain properties
  • Article 14 – Community revitalization tax relief incentive program
  • Article 15 – To choose all necessary Town Officers for the ensuing year.
  • Article 16 – Sewer Project Cost Overrun
  • Article 17 – Town Budget
  • Article 18 – Town Hall Photocopier Capital Reserve Fund
  • Article 19 – Salary and hourly wage freeze (by petition)
  • Article 20 – Town Approval to create any new staffing position
  • Article 21 – Remove the Town Prosecutor Position

Article 1 – Add and amend a number of zoning definitions

Votes: YES 282 NO 148 PASSED
Are you in favor of the adoption of Amendment No. 1 as proposed by the Allenstown Planning Board for the Town of Allenstown Zoning Ordinance as follows:

To amend Article II, Section 202, generally, by adding and amending a number of definitions for terms used throughout the Ordinance, or proposed to be used throughout the Ordinance, as follows:

Abutter, Access Management, Accessory Dwelling Unit, Accessory Structure (Agricultural/Farming), Accounting/Bookkeeping/Administrative Support, Adult Day Care, Agriculture and Farming, Agritourism, Aquifer, Arterial Road, Art Studio/Gallery, Assisted Living Facility, Bed & Breakfast, Building/Contractor Yard, Backage Road, Best Management Practice (BMP), Café/Wine Bar/Coffee House, Car Wash (commercial activity), Collector Road, Commercial Greenhouse, Commercial Stable, Community Center, Amending the term Condominiums, Convenience Store, Consumable Manufactured Goods, Clubs/Social, Curb, Curb Cut, Curve Number (CN), Developer, Development, Disconnected Impervious Cover, Drainage Area, Driveway, Duplex, Easement, Effective Impervious Cover, Erosion, Farm, Farmers' Market, Farm Parcel, Farm Roadside Stand, Farm Worker Dwelling, Filling Station/Gasoline Station, Flea Market (Indoor or Outdoor), Food/Beverage Processing, Front Lot Line, Amending the term Frontage, Funeral Home, Garden Nursery, Governmental Uses, Grocery Store/Food Market, Groundwater, Guardhouse for Night Watchman, Health/Personal Care Store, Heavy Manufacturing, Hospital, Infiltration, Impervious Cover/Impervious Surface, Junk, Amending the term Junk Yard/Salvage Yard, Lab/Research & Development/Biotechnology Research, Land Disturbance or Land Disturbing Activity, Large Animal/Equine/Livestock Veterinarian Facility, Livestock, Local Road, Marine Sales/Service, Manufactured Housing Park, Manufacturing, Median, Motel, Motor Vehicle Garage, Motor Vehicle Rental, Motor Vehicle Sales, Multi Modal Transportation Hub/Facility, Municipal Recreation (Outdoor or Indoor), Municipal Uses, Newspaper or Printing Plant, Non-Traditional/Non-Structural Storm Water Management Measures, Office Park, Outdoor Storage, Owner, Parking Aisle, Parking Lot, Parking Space, Pedestrian, Personal Service, Pervious Cover, Petroleum Bulk Plant or Terminal, Pharmacy, Private Recreation (Outdoor or Indoor), Professional Offices, Public Utility, Public Water System, Real Estate/Leasing Office, Recharge, Redevelopment, Recycling Facility (household waste), Regulated Substance, Restaurant, Retail Commercial Greenhouse, Retail Landscape Supply, Retail Sales, Right-Of-Way, Season High Water Table, Secondary Containment, Sediment, Senior Housing, Sensitive Area, Sideage Road, Single-Family Dwelling, Sheet Flow, Site, Street, Snow Dump, Stratified Drift Aquifer, Storm water, Storm water Run-Off, Surface water, Amending the term Telecommunications Tower, Timber Activities/Timber Operations, Total Impervious Cover, Traffic Study, Traditional Storm Water Management Measures, Undisturbed Cover, Vegetation, Veterinary Hospital, Veterinary Office, Warehouse, Wellhead Protection Area/Sanitary Protective Radius.

Also Amending Article V, Section 501, generally, to include Bear Brook State Park in the Open Space and Farming zone, and adding a Suncook Village zone.

Also Amending Article V, Section 502, by adding a sentence which clarifies that properties lying in one or more zones shall be classified according to the zone in which a majority of buildable square footage is located.

This Article is recommended by the Planning Board.

Commentary: Wow! This article is one whole page long in the printed version. There is no explanation of why these definitions need to be changed, which ones are new, or even where to go to find out what are the new definitions. For example, how are they redefining Agriculture and Farming? The tagalong change about adding Bear Brook State Park to the open space and farming zone makes no sense since it's untaxable.

Recommendation: No.

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Article 2 – Amend Article VI, Open Space and Farming

Votes: YES 286 NO 145 PASSED

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

To amend Article VI, Open Space and Farming, Section 601, by adding municipal recreation (outdoors) as a permitted use.

By amending Section 602 by permitting telecommunications towers, senior housing, private recreation (outdoor), commercial stable, manufactured housing park, and assisted living facility as uses permitted by special exception.

By amending Section 602 j.2,c by fixing a typographical error deleting the terms "be wither" and replacing them with "by either".

This Article is recommended by the Planning Board.

Commentary: This article would allow uses that have nothing to do with preserving open space and farm land. Telecommunications towers, senior housing, assisted living, and housing parks (trailer parks?) are not desirable additions to this zone and most would only add to the tax burden with addition strain on schools, fire, police, and roads. The largest tracts are in the southern portion of town east of Granite Street and north of Deerfield Rd. and Mt. Delight Rd.

Recommendation: No.

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Article 3 – Amend Article VII, Residential Zone

Votes: YES 275 NO 141 PASSED

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

To amend Article VII, Residential Zone, Section 701, by adding a community center, senior housing, municipal recreation (outdoors), and private recreation (outdoors) as permitted uses. Also deleting the term “Recreational community center buildings and grounds for games and sports, except those activities of which is customarily carried on primarily for gain”.

Amending Section 702 by adding assisted living facility, adult day care, personal service less than 5,000 square feet, and sit-down/take-out restaurant less than 5,000 square feet (no drive-in) as uses permitted by special exception. Also deleting the term "Apartment houses."

Amending Section 703 h to include a reference to the proposed Section 1113.4.

This Article is recommended by the Planning Board.

Commentary: This article would allow uses like restaurants that have nothing to do with preserving residential areas. The residential zones include the downtown area, River Rd. near Route 28 and the vicinity of Pine Acres Rd. off Route 28.

Recommendation: No.

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Article 4 – Amend Article VIII, Business Zone

Votes: YES 267 NO 151 PASSED

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

To amend Article VIII, Business Zone, Section 801, by deleting automobile repair garages, places of amusement or assembly, and any other business, service, or public utility not involving manufacture on the premises, except that manufacture of products, a major portion of which is to be sold at retail by the manufacturer to the consumer on the premises, as permitted uses.

Also amending Section 802 by deleting automobile sales as a use permitted by special exception.

Also amending Section 801, by adding motor vehicle repair garages, commercial greenhouse, professional offices, adult day care, assisted living, municipal recreation (indoor or outdoor), private recreation (indoor or outdoor), office park, car wash, personal service (any size), marine sales/service, public utility, retail sale of goods, retail landscape supply, and consumable manufactured goods as permitted uses.

Amending Section 802 to add telecommunications towers, motor vehicle sales, veterinary office/hospital, motor vehicle rental, multi modal transportation hub/facility as uses permitted by special exception.

This Article is recommended by the Planning Board.

Commentary: This article is confusing in that it seems to delete some uses but adds them back with slightly different wording. When confused, it may be safe to vote No.

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Article 5 – Amend Article IX, Industrial Zone

Votes: YES 286 NO 145 PASSED

Are you in favor of the adoption of Amendment No. 5 as proposed by the Allenstown Planning Board for the Town of Allenstown Zoning Ordinance as follows:

To amend Article IX, Industrial Zone, Section 901, by deleting sales/outlets of goods which are manufactured in the zone, outdoor flea markets and sawmills as permitted uses.

Also amending Section 901, by adding professional offices, office park, consumable manufactured goods, motor vehicle repair garages, heavy manufacturing, timber activities/lumber yard, outdoor flea markets in accordance with Section 1120 of this Ordinance, retail commercial greenhouse, retail landscape supply, lab/research and development/biotechnology research, car wash, food/beverage processing, building/contractor yard, veterinary office/hospital, personal service of any size, marine sales/service, indoor/outdoor flea market, household waste recycling facility (including collection facility) as permitted uses.

This Article is recommended by the Planning Board.

Article 5 is recommended by the Planning Board.

Commentary: It is not clear why all these changes need to be made.

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Article 6 – Amend Article X, Commercial/Light Industrial Zone

Votes: YES 266 NO 147 PASSED

Are you in favor of the adoption of Amendment No. 6 as proposed by the Allenstown Planning Board for the Town of Allenstown Zoning Ordinance as follows:

To Amend Article X, Commercial/Light Industrial Zone, Section 1001, by deleting automobile garages, places of amusement or assembly, outdoor flea markets, as permitted uses.

Amending Section 1002 by deleting sawmills and automobile sales as uses permitted by special exception.

Amending Section 1001 by adding motor vehicle garages, commercial greenhouse, professional offices, public recreation (indoor or outdoor), retail sale of goods, lumber yard/timber operations, retail landscape supply, food/beverage processing, building/contractor yard, veterinary office/hospital, personal service of any size, marine sales/service, adult day care, office park, lab/research and development/biotechnology research, automobile sales, car wash, outdoor flea markets in accordance with Section 1120 of this Ordinance, large animal/equine/livestock veterinary facility, and consumable manufacturing as permitted uses.

Amending Section 1002 to add telecommunications towers as a permitted use by special exception.

This Article is recommended by the Planning Board.

Commentary: It is not clear why all these changes need to be made.

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Article 7 – Amend Article XI, Supplemental Regulations

Votes: YES 247 NO 172 PASSED

Are you in favor of the adoption of Amendment No. 7 as proposed by the Allenstown Planning Board for the Town of Allenstown Zoning Ordinance as follows:

To Amend Article XI, Supplemental Regulations, and adding a Section 1113 entitled “Lot Access” limiting lots of record to one driveway access point, unless the driveways are going to be located more than 500 feet apart, permitting shared driveways for single-family and duplex dwellings, permitting shared parking for commercial developments located on Routes 3 and 28, and permitting access to properties with frontage on Routes 3 and 28 from backage or sideage roads.

Also amending Article XI by adding a Section 1120 regulating outdoor flea markets, generally, by requiring any property which has more than two outdoor flea markets in any year to obtain a conditional use permit from the Planning Board with fees set by the Board of Selectmen, limiting them to Saturdays, Sundays, and legal Monday Holidays between the times of 7:00 AM and 7:00 PM, and limiting them to the time period between April 15 and October 15 in each calendar year.

This Article is recommended by the Planning Board.

Commentary: It is not clear how these restrictions on driveways will affect current property owners. Also the section on flea markets seems like excessive government restrictions for no good reason.

Recommendation: No.

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Article 8 – Add an agriculture conservation overlay district

Votes: YES 288 NO 130 PASSED

Are you in favor of the adoption of Amendment No. 8 as proposed by the Allenstown Planning Board for the Town of Allenstown Zoning Ordinance as follows:

To adopt an Article XXII adding an agriculture conservation overlay district that generally protects land suited for farming by redirecting residential development to parcels of land less suited for farming, and by using cluster developments for larger parcels of land to encourage the preservation of open space and agriculture utilization. Said overlay district is depicted on a map entitled “Allenstown Agricultural Conservation District” as prepared by Central New Hampshire Regional Planning Commission dated March 8, 2011.

This Article is recommended by the Planning Board.

Commentary: The Planning Board has failed to give us any information on where to find this map. How can we approve something we have not been given the time or opportunity to review?

Recommendation: No.

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Article 9 – Suncook Village Infill Development District

Votes: YES 297 NO 121 PASSED

Are you in favor of the adoption of Amendment No. 9 as proposed by the Allenstown Planning Board for the Town of Allenstown Zoning Ordinance as follows:

To adopt an Article XXIII – Suncook Village Infill Development District – which will promote development and redevelopment of properties in the Suncook Village area by providing for mixed residential, business, and commercial uses within the District, and by adopting performance standards which will permit the maximum allowable use of small size and non-conforming lots in that area. This overlay district is depicted on a map entitled “Suncook Village Infill Development District” as prepared by Central New Hampshire Regional Planning Commission dated March 8, 2011.

This Article is recommended by the Planning Board.

Commentary: The Planning Board has failed to give us any information on where to find this map. How can we approve something we have not been given the time or opportunity to review?

Recommendation: No.

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Article 10 – Groundwater Protection Overlay District

Votes: YES 306 NO 110 PASSED

Are you in favor of the adoption of Amendment No. 10 as proposed by the Allenstown Planning Board for the Town of Allenstown Zoning Ordinance as follows:

To adopt an Article XXIV – Groundwater Protection Overlay District – in order to protect public health, safety, and general welfare, by protecting contamination of existing and potential groundwater supply areas and surface waters fed by groundwater from pollution and development posed by certain uses and practices. This Overlay District prohibits uses such as a hazardous waste disposal facility, a sold waste landfill, the bulk outdoor storage of road salt or other de-icing chemicals, the operation of a junk yard, the operation of a snow dump, the processing, disposal, or mixing of biosolids, gas stations, and petroleum bulk plants or terminals. All of the uses must meet performance standards and may require spill prevention control and counter-measures’ plans, and certain maintenance and inspection of structures required to meet performance standards. Said Overlay District is shown on a map entitled “Allenstown Groundwater Protection District” as prepared by Central New Hampshire Regional Planning Commission dated March 8, 2011.

This Article is recommended by the Planning Board.

Commentary: The Planning Board has failed to give us any information on where to find this map. How can we approve something we have not been given the time or opportunity to review?

Recommendation: No.

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Article 11 – Permanent (Post Construction) Storm Water Management Ordinance

Votes: YES 286 NO 131 PASSED

Are you in favor of the adoption of Amendment No. 11 as proposed by the Allenstown Planning Board for the Town of Allenstown Zoning Ordinance as follows:

To adopt an Article XXV entitled "Permanent (Post Construction) Storm Water Management Ordinance" which would regulate all developments or redevelopments disturbing an area of greater than 20,000 square feet, which will require submission and approval of a storm water management plan in conjunction with the applicable subdivision or site plan review. This Ordinance limits the amount of impervious surface permitted on a property and requires that owners employ best management practices to control storm water, imposes set-backs for storm water management structures with respect to various types of wells, and requires the recording of covenants to ensure continuing compliance, including ongoing operation and maintenance of storm water management structures.

This Article is recommended by the Planning Board.

Commentary: After re-reading this article, it is somewhat deceptive. There apparently is no Article XXV in the current Zoning Ordinances; they end at Article XX1. So what we have here is a summary, not the full content of the new zoning article. So there are many unanswered questions as to what the new restrictions actually consist of and how they apply. How can you vote for an ordinance if you haven't seen what it says?

Furthermore, one acre equals 43,560 sq. ft. so this article seems to affect everything 1/2 acre and up. You may think that it is pretty outrageous to have to generate a storm water management plan and comply with all the other requirements for such small areas. This seems like an example of government overregulating our lives and taking away rights simply because they think they know better.

Recommendation: No.

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Article 12 – Rezone certain industrial zoned properties

Votes: YES 307 NO 112 PASSED

Are you in favor of the adoption of Amendment No. 12 as proposed by the Allenstown Planning Board for the Town of Allenstown Zoning Ordinance as follows:

To amend the official zoning map for the Town in Article V, Section 503, by rezoning certain industrial zoned properties at the intersection of Routes 3 and 28 to the business zone. Said properties and the revised changes in zone are depicted on a map entitled “Updated Business Zone, Allenstown, New Hampshire” as prepared by Central New Hampshire Regional Planning Commission dated March 8, 2011.

This Article is recommended by the Planning Board.

Commentary: The Planning Board has failed to give us any information on where to find this map. How can we approve something we have not been given the time or opportunity to review?

Recommendation: No.

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Article 13 – Change the zoning classification for certain properties

Votes: YES 103 NO 311 FAILED

Are you in favor of the adoption of Amendment No. 13 as proposed, by petition, for the Town of Allenstown Zoning Ordinance as follows:

To amend Article V, Section 503, by changing the zoning classification for certain properties known as tax map 109 lot 026 and tax map 109 lot 027 and also identified as 112 Granite St. and 116 Granite St. from the industrial zone to the business zone.

The Petitioner no longer supports this Article.

This Article is not recommended by the Planning Board.

Commentary: If the petitioner and the Planning Board don't recommend this, you can safely vote No.

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Article 14 – Community revitalization tax relief incentive program

Votes: YES 273 NO 149 PASSED

To see if the Town of Allenstown will vote to adopt the provisions of RSA 79:E to provide for a community revitalization tax relief incentive program, and to authorize the Board of Selectmen to provide tax relief incentives to qualifying structures.

The Select Board (Selectmen) supports this Article.

Commentary: Tax relief sounds reasonable.

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Article 15 – To choose all necessary Town Officers for the ensuing year

Commentary: This refers to the candidates on the election ballot.

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Article 16 – Sewer Project Cost Overrun

Votes: YES 278 NO 148 PASSED

To see if the Town will vote to raise and appropriate the sum of three hundred sixty thousand one hundred eight dollars ($360,108)(gross budget) for the financing of an improvement to increase the capacity of the Town of Allenstown Wastewater Treatment Facility through the installation of equipment and to authorize the issuance of not more than three hundred sixty thousand one hundred eight dollars ($360,108) of bonds or notes in accordance with the provisions of the Municipal Finance Act (RSA 33); and, further, to authorize the Select Board to issue and negotiate such bonds or notes and to determine the conditions and the rate of interest thereon; and to further authorize the Select Board to offset a portion of said appropriation by applying for, contracting for and expending American Recovery and Reinvestment Act of 2009 (ARRA) funds in the amount of one hundred eighty thousand fifty-four dollars ($180,054), with the balance to be raised by the currently available sewer funds; and further, that the Sewer Commission shall pay the one hundred eighty thousand fifty-four dollars ($180,054) and applicable interest in full from said currently available sewer funds on or before the date that the first payment of the load related to the ARRA funding is due; and, further to authorize the Select Board and the Sewer Commissioners to take all other action necessary to carry out and complete this project.

Explanatory Note: THE REPAYMENT OF SAID FUNDS IN THE ABOVE MANNER WILL NOT REQUIRE ANY ADDITIONAL APPROPRIATION FROM GENERAL TAXATION OR INCREASE IN SEWER USER FEES.

The Select Board (Selectmen) supports this Article. The Budget Committee supports this Article. Pursuant to RSA 33:8, this article requires a supermajority (60%) to pass.

Commentary: The sewer commission failed to notify the town months ago about this cost overrun. But it is something we are stuck with and this article does not use property taxes to pay for it.

Recommendation: Yes.

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Article 17 – Town Budget

Votes: YES 315 NO 110 PASSED

Shall the Town of Allenstown 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 or as amended by vote of the first session, for the purposes set forth therein, totaling Five million two hundred sixty-eight thousand eight hundred seventy-one dollars ($5,268,871). Should this article be defeated, the default budget shall be five million four hundred ninety-nine thousand eight hundred fifty-three dollars ($5,499,853) which is the same as last year, with certain adjustments required by previous action of the Town of Allenstown 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 operations budget only.

NOTE: This warrant article (operating budget) does not include appropriations in ANY other warrant article.

The Select Board (Selectmen) supports this article. The Budget Committee supports this Article.

Commentary: The actual 2011 budget is several thousand dollars less if you don't count the grants for civil defense and other items. Due to the "gross budgeting" requirement from the state, grants must be included in the total even though they will be paid back via the grant. This also means that the tax rate has to increase to cover the up-front costs of the grants.

Keep in mind that the default budget is $231,000 more than the proposed budget, so don't vote against this budget or you'll pay more in taxes. The 2010 budget was $6,218,976, but that included almost a million dollars for grants.

Recommendation: Yes.

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Article 18 – Town Hall Photocopier Capital Reserve Fund

Votes: YES 330 NO 86 PASSED

To see if the Town will vote to discontinue the Town Hall Photocopier Capital Reserve Fund created in 1996. Said funds,
with accumulated interest to date of withdrawal, if any, are to be transferred to the municipality’s general fund. (Majority vote required).

Commentary: Operating funds for the copier apparently come from the Town Hall budget. Since there is no money in this fund, you can safely eliminate this fund by voting Yes.

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Article 19 – Salary and hourly wage freeze (by petition)

Votes (19): YES 245 NO 178 PASSED

To see if the Town of Allenstown will vote to adopt a Town Policy where by such policy shall mandate the Board of Selectmen to freeze all salary and hourly wages during a default budget year except when funds can be made available pursuant to provisions of RSA 32:10. (amended at Feb. 5th hearing)

The Select Board (Selectmen) does not support this Article.

Commentary: What we really need are town leaders who realize that they should not allow for raises to town employees in a down economy when homeowners and businesses are struggling to make ends meet. For this article you may need to talk to a lawyer.

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Article 20 – Town Approval to create any new staffing position (by petition)

Votes: YES 207 NO 215 FAILED

To see if the Town of Allenstown will vote to adopt a Town Policy where by such policy shall mandate the Board of Selectmen to seek Town Approval to create any New Staffing Position for all Town Departments and to seek authorization to add the expenditure line to fund such position, said policy shall take effect upon adoption.

The Select Board (Selectmen) does not support this Article because it may contain provisions that are contrary to New Hampshire law.

Commentary: In a down economy, it seems reasonable to avoid hiring extra personnel. For this article you may need to talk to a lawyer.

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Article 21 – Remove the Town Prosecutor Position (by petition)

Votes: YES 254 NO 171 PASSED

To see if the Town of Allenstown will vote to ask the Board of Selectmen to examine other options for prosecutorial services to determine the most cost effective option for the town. (amended at Feb. 5th hearing)

The Select Board (Selectmen) does not support this article.

Commentary: There is a difference of opinion as to whether it is more effective to have a dedicated (and more expensive) prosecutor rather than using the County Attorney's Office. Again, talk to a lawyer.

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