Seabrook (N.H.).

Annual reports of the Town of Seabrook, New Hampshire (Volume 1998) online

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following: "A building whose purpose is subordinate to that of
the wain building . It may be separate from or attached to the
main building. For the purpose of this ordinance, a garage or a
carport that is attached directly to the main building by a
breezeway shall be regarded as an integral part of the main
building . "

B) Replace the existing definition of Building with the
following: "Any permanent structure occupied or intended to
shelter any occupancy. For the purposes of this ordinance, a
multi-unit building, with or without firewalls , shall be
considered one building . "

C) Add the following to the definition of Family Apartment:

", the area of said apartment not to exceed 750 square feet."

YES 1059 NO 733

Article 3: To see if the Town will vote to amend Article VI
(Table 2) of the Zoning Ordinance, as proposed by the Planning Board,
by adding the following footnote to Side & Rear (minimum setbacks) :
"On corner lots where the side yard abuts a street, the side yard
shall be subject to the minimum setback requirements for front yards."

YES 1121 NO 669

Article 4: To see if the Town will vote to amend the Zoning
Ordinance, as proposed by the Planning Board, as follows:

A) Add the following definition to Article II of the Zoning
Ordinance: "Wetlands means an area that is inundated or
saturated by surface or ground water at a frequency and duration
sufficient to support a prevalence of vegetation typically



adapted for life in saturated soil conditions . Wetlands include,
but are not limited to, swamps, marshes, bogs, and similar areas.
Wetlands shall be delineated on the basis of hydrophytic
vegetation, hydric soils, and wetlands hydrology , in accordance
with the techniques outlined in the Corps of Engineers Wetlands
Delineation Manual (January 1987) . "

B) Add a new Article XVI to the Seabrook Zoning Ordinance, to be
entitled "Wetlands" , as set forth below, and re-number subsequent
articles accordingly:

"A - Purpose : to protect the larger expanses of wetlands in
Seabrook, to minimize flooding, to protect wildlife habitats , to
protect groundwater quality, and to prevent damage to structures
and property. "

"B - Minimum Lot Sizes: Wetlands shall not be utilized to
satisfy more than 20% of the minimum lot size requirement
specified in Article VI of this ordinance . Tracts of land which
were less than five acres as of January 1, 1998 are exempt from
this requirement."

YES 1180 NO 620
Article 5: To see if the Town will vote to amend the Zoning
Ordinance, as proposed by the Planning Board, as follows:

A) Add the following definition to Article II:

"Telecommunications Facility: any structure, antenna, tower, or
other device which provides commercial mobile wireless services,
unlicensed wireless services, cellular phone services,
specialized mobile radio communications (SMR) , personal
communications service (PCS) , and common carrier wireless
exchange access services."

B) Amend Table 1 in Article V by permitting Telecommunications
Facilities in Zones 1, 2 & 3 , subject to a footnote to read as
follows: "permitted only on land west of 1-95 and within 3,500'
of the centerline of 1-95. These facilities are subject to the
provisions of Article XVII". (Telecommunication facilities are
to be prohibited east of 1-95, and at locations more than 3,500'
west of 1-95 . )

C) Add a new Article XVII, to be entitled Telecommunications
Facilities , as set forth below, and change the current Article
XVII' s designation to Article XVIII:

"A - Signs: Telecommunication towers shall not contain
signs or graphic representation of any kind.

B - Fall Zone: A circular fall zone shall be depicted on
the site plan. The radius of said zone shall equal the
height of the proposed tower. This zone shall not include
any buildings or public ways. Easements shall be required
if the fall zone extends onto other properties.

C - Evidence that Co-Location is not Feasible: If a new

tower is being proposed, the applicant shall submit evidence
which is satisfactory to the Planning Board, that no



existing structure can accommodate the applicant's
antenna (s) .

D - Cooperation: An applicant proposing to build a new
tower shall submit a binding agreement which provides for
the maximum allowance of antenna co-location on the new
structure. This agreement shall obligate the applicant to
supply antenna co-location for reasonable fees and costs to
other telecommunications providers. Failure to provide an
agreement that is satisfactory to the Planning Board is
grounds for denial .

E - A Bond shall be submitted by the applicant to cover the
costs of tower removal in the case of abandonment. The
applicant shall submit a written agreement, the terms of
which are to be satisfactory to the Town of Seabrook, which
governs the bond.

F - Abandoned Telecommunications Facilities are those which
have not operated for a period of twelve consecutive
months . "

YES 1139 NO 569
Article 6: On petition of Lorraine D. Fogg and twenty-nine (29)
other legal voters of the town: "Are you in favor of amending the
town zoning ordinance by increasing the area of the commercial zone
which now extends 500 feet from the corner of Route 107 down the
westerly side of Stard Road, by increasing said commercial zone
another 1,041+- feet, for a total of 1,541+- linear feet down the
westerly side of Stard Road to the northern property boundary of land
owned by Lorraine D. Fogg, and thence northwest along said property
boundary to a depth of 850+- feet. The depth of 850+- feet to then
continue in a southwesterly direction, parallel to Stard Road, back to
the existing commercial zone." (Recommended by Planning Board)

YES 862 NO 880

Article 7: Shall the provisions for voting by official ballot on
all issues before the town under RSA 40:13 be limited to election of
officers and certain other questions?

YES 707 NO 1116

Article 8: Shall we vote to raise and appropriate as an
operating budget, not including appropriations by special warrant
articles, the amounts set forth on the budget posted with the warrant,
for the purposes set forth therein, totaling Fourteen Million Sixty-
three Thousand Two Hundred Fifty-seveh ($14,063,257.00) Dollars?
Should this article be defeated, the operating budget shall be
Thirteen Million Three Hundred Forty-three Thousand One Hundred
Eighty-six ($13,343,186.00) Dollars, 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.

YES 809 NO 964

Article 9: Shall we adopt an exemption for the disabled? The
exemption, based on assessed value, for qualified taxpayers shall be
$20,000.00. To qualify, the person must have been a New Hampshire

10



resident for at least 5 years and own and occupy the real estate
individually or jointly, or if the real estate is owned by a spouse,
they must have been married for at least 5 years. In addition, the
taxpayer must have a net income of not more than $15,000.00 or, if
married, a combined net income of not more than $25,000.00; and own
net assets not in excess of $70,000.00 excluding the value of the
person's residence.

YES 1277 NO 562

Article 10: Shall we adopt the provisions of RSA 154:1, I (b) ,
relative to the organization of the fire department in that the "fire
chief be appointed by the local governing body, or by the town or city
manager, if any, with firefighters appointed by the local governing
body or manager, upon recommendation of the fire chief." Said
appointments to be based on qualifications set by recognized
standards. This article to take effect one (1) year from passage.
Should this article be voted in the affirmative, the term of office
for the fire chief elected in 1998 shall expire in one year.

YES 730 NO 1092

Article 11: To see if the town will vote to authorize the board
of selectmen to establish ambulance fees based on insurance
reimbursement or Medicare allowance and to establish a waiver system
that protects those unable to pay through a reduction in
the bill or full abatement. Ambulance service will still be provided
in all emergency situations.

YES 762 NO 1104

Article 12: To see if the town will vote to establish a Capital
Reserve Fund under the provisions of RSA 35:1 for the purpose of
purchasing an ambulance; and to authorize indefinitely the town
treasurer to transfer all ambulance fees collected into said fund at
the end of each fiscal year.

YES 953 NO 751

Article 13: To see if the town will vote to adopt the following
ordinance to regulate transactions of a pawn shop nature and, upon
adoption, add the ordinance to the Code of the Town of Seabrook,
formatted and numbered appropriately.

PAWNBROKER/ PAWN SHOP ORDINANCE

PURPOSE .

The intent of this ordinance is to establish a system which will
fairly and impartially regulate retail transactions of a pawn shop
nature. This regulation shall be for the purpose of identifying
stolen property which is unintentionally received by the regulated

parties and the detection of regulated parties who are intentionally
transacting business in stolen property.

This ordinance has been enacted pursuant to the authority granted to
the Town of Seabrook by New Hampshire RSA 398.

DEFINITIONS.

11



Any person, firm, partnership and/or corporation whose business
includes any transaction wherein there is the lending of money secured
by taking possession of any physical property including but not
limited to jewelry, watches, clocks, diamonds and/or all precious and
semi-precious gemstones, gold, silver, platinum and/or any other
precious metals, musical instruments and/or equipment, cameras,
wearing apparel, collectibles and or antiques, home and auto stereo
equipment, entertainment equipment, televisions, VCRs and all other
electronic/battery operated equipment, tools, computers and/or
equipment, firearms, vehicles, auto accessories, meters, connections,
plates/dishware/glassware, office/store equipment and/or fixtures and
any and all other relative equipment/items, with the right to sell
such property if it is not redeemed.

A person, firm, partnership and/or corporation shall be deemed to be a
pawnbroker whether the transaction takes the form of a loan by the
pawnbroker secured by the property OR a sale to the pawnbroker with
the right to repurchase within a specified period of time.
Pawnbrokers are regulated under NH RSA Chapter 398.

EXCLUSIONS.

Mail order transactions and retail stores that exchange or provide
cash or credit for returned articles are excluded from this ordinance.
Flea markets, second hand dealers and private yard sales are also
excluded. See "EXCLUSIONS".

LICENSE REQUIRED, APPLICATIONS, FEES, REVOCATION.

1. No person, firm, partnership and/or corporation shall engage in
the business of pawnbroker herein defined unless licensed therefor by
the Town of Seabrook.

2 . Applications for licenses shall be made to the Town Office -
Office of the Town Clerk and filed therewith. Applications shall
contain the following information:

a. Name and address of the applicant.

b. At least two (2) persons of good character who may be used as
references for the applicant.

c. The name of one (1) person, not living at the same address as
the applicant, who will always know where to locate the applicant
should the applicant move.

d. Places of residence of the applicant for the past five (5)
years .

e. Location of previous businesses of the applicant over the
past five (5) years.

f. Information regarding whether the applicant has ever been
convicted of any crime.

g. If the applicant is a partnership, the information required
under a-f shall be furnished for each partner. If the applicant
is a limited partnership, the information required in a-f shall
be furnished for the general partners and for each limited
partner. If the applicant is a corporation, the information
shall be furnished for each officer and for each shareholder
owning twenty (20%) percent or more of the corporate stock.



12



Said applications shall be thereafter forwarded to the Chief of
Police who shall cause an investigation to be made of the fitness
of the applicant to engage in the business of pawnbroker. The
Chief of Police shall then report his/her findings to the Board
of Selectmen before such license is acted upon and a fee of
$50.00 per annum shall be paid to the Town Clerk.

3. Such license (s) shall expire on December thirty-first (31) of each
year unless sooner revoked, and shall not be assigned nor transferred,
but it may be revoked at any time by the licensing authority after
notice and hearing for just cause.

EMPLOYEES .

Employees of a licensed establishment are not required to obtain a
license in addition to that of the establishment; however, the
proprietor of such licensed establishment will notify the Chief of
Police of the name and pertinent information regarding such employees
within twenty- four hours of their hire.

PURCHASES FROM MINORS.

No pawnbroker shall, directly or indirectly, either purchase or
receive in any way of barter or exchange, any of the articles
aforesaid, of a minor under the age of eighteen (18) years, knowing or
having reason to believe him/her such, except when said minor shall be
accompanied by a parent or legal guardian who shall sign the
transaction record in person before said pawnbroker.

PAWNBROKERS' RECORDS, INSPECTION RESALE OF ARTICLES, CHANGES OR
ALTERATIONS .

Every pawnbroker upon the acquisition of any article either by
purchase or exchange defined herein, shall prepare duplicate
transaction records (blanks for which shall be provided by the Town
Clerk), stating the following:

Full name (last, first, middle initial) of the individual.

Date of birth and social security number of the individual .

Accurate and active address of residence of the individual.

Full notation (month, day, year and time) of the transaction.

Full, accurate and detailed description of each article purchased

or exchanged.

Full and accurate price paid/loaned shall be made available on

dealers 's records which shall be made available upon request of

police .

Accurate physical description of individual (photos may be used) .

Every pawnbroker shall cause such transaction document to be signed by
the seller/transferor in person. Identification shall be obtained via
photo ID of the customer in each and every transaction.

A copy of said transaction record shall be delivered to the Seabrook
Police Department or to any duly authorized police officer of the Town
of Seabrook within twenty-four (24) hours of said transaction. Said
dealer shall maintain their copy of the transaction in his possession,

13



which, together with any article therein listed, may be inspected at
any and all times by any duly authorized police officer.
Confidentiality of information shall be maintained unless it becomes
integral to a criminal investigation.

No article so obtained shall be sold or otherwise disposed of or
changed or altered in its appearance or otherwise within twelve (12)
days or such additional time as may be required by statute after the
purchase/control thereof, except with the written consent of the Chief
of Police of the Town of Seabrook, but in NO case, within forty-eight
(48) hours after said transaction.

Should the Seabrook Police Department or other law enforcement agency
determine that an article is required as evidence in a criminal
investigation/prosecution, an authorized agent of the Seabrook Police
Department shall seize such evidence pursuant to applicable criminal
procedure. The pawnbroker shall be issued a receipt for same.

Pursuant to NH RSA 595-A:6, the Seabrook Police Department or an
authorized agent thereof shall retain seized articles under the
court's discretion as long as necessary to permit the article to be
used as evidence. At the conclusion of the court proceedings and/or
closure of a criminal investigation, the Seabrook Police Department
shall notify, by regular mail to the last known address, the original
owner as well as the pawnbroker and any other person who may have a
lawful interest in the property; that said property shall be released
in thirty (30) calendar days to the original owner if no other claim
is placed on the property.

In the case of the original owner being the recipient of returned
article (s), the Seabrook Police Department shall request in the case
of a prosecution (when applicable) that a court consider restitution
in the amount paid for the property by the pawnbroker as a portion of
sentencing in the criminal case. In such a circumstance, the property
would be returned to the original owner (as noted above) and cash
restitution in the amount paid would be requested for the pawnbroker.

EXCLUSIONS.

Specifically excluded from the provisions of this ordinance are the
following :

a. Purchases from private residences.

b. Yard/garage sales.

c. Flea markets.

d. Antique dealers.

e. Estate dissolution dealers.

f. Wholesalers who do not purchase from the public.

g. Second hand dealers.

PENALTIES.

Whosoever violates the provisions of this town ordinance shall be
fined no less than twenty-five ($25.00) dollars and no more than one
hundred ($100.00) dollars for a first violation, with each consecutive
violation affording a fine of the original amount plus an additional
one hundred ($100.00) dollars - fines shall not exceed five hundred

14



($500.00) dollars. Any and all criminal violations which may pertain
to the businesses herein denoted, may be found in NH Revised Statutes
Annotated.

YES 1088 NO 603

Article 14: To see if the town will vote to raise and
appropriate the sum of Seventy-one Thousand Eight Hundred Two

($71,802.00) Dollars for the cost of Seabrook's contribution to
eighteen (18) human service agencies in the seacoast area. A
breakdown of each human service agency's request follows. This will
be a non-lapsing account per RSA 32:7, VI and shall not lapse as to
each line item until the contributions are completed or in one (1)
year. The selectmen recommend Seventy- One Thousand Five Hundred
Fifty-two ($71,552.00) Dollars for this appropriation. The budget
committee recommends Seventy-one Thousand Eight Hundred Two

($71,802.00) Dollars for this appropriation. (Majority vote
required) .

Board of Budget
Agency Selectmen Committee
Human Service Agency Request Recommend Recommend

A Safe Place

AIDS Response of the Seacoast

American Red Cross

Area Homemaker Home Health

Aide Service
Community Diversion
Crossroads
Lamprey Health Care
Retired Senior Volunteers
Richie McFarland Children's Fund
Child & Family Services (Rockingham

Counseling)
Rockingham County Community Action
Rockingham County Nutrition Program
Seacoast Big Brothers Big Sisters

of New Hampshire
Seacoast Hospice
Seacoast Links

Seacoast Mental Health Center
Seacoast Visiting Nurses
Sexual Assault Support Services
(Women's Resource Center)

$77,133 $71,552 $71,802
YES 1369 NO 487

Article 15: To see if the town will vote to raise and
appropriate the sum of Three Thousand ($3,000.00) Dollars to the
Council on Aging to be used for transporting handicapped and elderly
residents for medical purposes. This will be a non-lapsing account
per RSA 32:7, VI and shall not lapse until the contribution is
completed or in two (2) years. The selectmen and the budget committee
recommend this appropriation. (Majority vote required) .

YES 1557 NO 358

Article 16: . To see if the town will vote to ratify the financial

15



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terms of the collective bargaining factfinder's report reached on
December 16, 1997, provided to the board of selectmen and the Seabrook
Permanent Fire Fighters Association, which calls for a Ninety-three
Thousand Six Hundred Twenty-six ($93,626.00) Dollar increase in
salaries and benefits for the fiscal years 1996, 1997 and 1998, and
further, to raise and appropriate the sum of Thirty-nine Thousand
Fifteen ($39,015.00) Dollars for the contract year 1996, and further,
to raise and appropriate the sum of Thirty-one Thousand Two Hundred
Twenty-three ($31,223.00) Dollars for the contract year 1997, and
further, to raise and appropriate the sum of Twenty- three Thousand
Three Hundred Eighty-eight ($23,388.00) Dollars for the contract year
1998, for a total appropriation of Ninety-three Thousand Six Hundred
Twenty-six ($93,626.00) Dollars for fiscal year 1998. The selectmen
and the budget committee recommend this appropriation. (Majority vote
required) .

YES 994 NO 909

Article 17: To see if the town will vote to ratify the financial
terms of the collective bargaining agreement reached on January 20,
1998, between the board of selectmen and the Seabrook Supervisory
Employee's Association, which calls for an Eighteen Thousand One
Hundred Forty ($18,140.00) Dollar increase in salaries and benefits
for the fiscal year 1998, and further, to raise and appropriate the
sum of Eighteen Thousand One Hundred Forty ($18,140.00) Dollars for
the fiscal year 1998. The selectmen recommend this appropriation.
The budget committee does not recommend this appropriation. (Majority
vote required) .

YES 560 NO 1308

Article 18: To see if the town will vote to ratify the financial
terms of the collective bargaining agreement reached on , 1998,
between the board of selectmen and the Seabrook Police Association,
which calls for a One ($1.00) Dollar increase in salaries in benefits
for the fiscal year 1998, and further, to raise and appropriate the
sum of One ($1.00) Dollar for the fiscal year 1998. The selectmen and
the budget committee recommend this appropriation. (Majority vote
required) .

YES 913 NO 918

Article 19: To see if the town will vote to raise and
appropriate the sum of Fifteen Thousand ($15,000.00) Dollars for the
purpose of updating the Seabrook Master Plan. This will be a non-
lapsing account per RSA 32:7, VI and shall not lapse until the master
plan is completed or in two (2) years. This appropriation was
proposed by the planning board. The selectmen and the budget
committee recommend this appropriation. (Majority vote required) .

YES 1008 NO 841

Article 20: To see if the town will vote to raise and
appropriate the sum of Five Thousand ($5,000.00) Dollars for the
purpose of developing a capital budget and improvement program. This
will be a non- lapsing account per RSA 32:7, VI and shall not lapse
until the program is completed or in two (2) years. The selectmen and
the budget committee recommend this appropriation. (Majority vote
required) .

YES 883 NO 894

Article 21: To see if the town will authorize the establishment

16



of a non-capital reserve account in accordance with RSA 35:l-c for tax
stabilization and to authorize the transfer from surplus the sum of
One Million ($1,000,000.00) Dollars. This will be a non-lapsing
account per RSA 32:7, VI and shall not lapse until the account is
established and the transfer is completed or in two (2) years. The
selectmen and the budget committee recommend this article. (Majority
vote required) .

YES 1020 NO 745

Article 22: To see if the town will vote to raise and
appropriate the sum of Twenty Thousand ($20,000.00) Dollars to be used
for restoration of cemetery monuments within all of the town
cemeteries. This will be a non-lapsing account per RSA 32:7, VI and
shall not lapse until the restoration project is completed or in two
(2) years. The selectmen and the budget committee recommend this
appropriation. (Majority vote required) .

YES 1119 NO 717

Article 23: To see if the town will vote to raise and
appropriate the . sum of One Hundred Eighty Thousand ($180,000.00)
Dollars to be used for revaluation of the town property assessments as
required under the New Hampshire Constitution, Part 2, Article 6.


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