The following article appeared on Record Enterprise on May 25, 2006.



Groton voters approve commercial zoning ordinance three to one
Record Enterprise
by BARRY W. WALKER

05/25/2006 - PLYMOUTH/GROTON — Nearly half of Groton's eligible 378 voters turned out Tuesday to vote in the planning board's proposed interim zoning ordinance as a stopgap measure controlling commercial growth in the town of 456 residents west of Plymouth.

Town Clerk Joyce Tolman said voting was brisk throughout the day and by the time the polls closed at 7 p.m. 183 voters had cast their ballots. Of those, 138 voted for the measure, three-times more than the 45 who voted against it.

The vote immediately enacts a nine-point ordinance designating the town as a "Rural Residential Development District." It permits all residential land uses in the town but controls "commercial uses, industrial uses and primary uses of land which are primarily non-residential in nature." Those uses will require a special exception granted by the five-member board of adjustment. The board of selectmen will appoint members to that board perhaps as soon as next week, along with three alternates.

To acquire a special exception, an applicant must show the use won't be detrimental to the character of the town. The town does have a master plan, which in accordance with state law includes a vision statement and land use plan. The planning board is currently updating that document.

They must also prove their proposal "will not be injurious, noxious or offensive to the town and no nuisance or unreasonable hazard will result." The use cannot be "contrary to the public health safety or welfare by reason of undue or adverse traffic impacts will not cause undue risk to life or property will be unsanitary or unhealthful and will not create other adverse conditions."

The board of adjustments will also determine whether the proposed site is "appropriate for the use and the location and size of the use and the nature of the operations involved will be in harmony with orderly development of the town" and that adequate water, sewer or septic service along with access and parking exists.

The vote was the next step in a process outlined in RSA 674:23, which permits towns to adopt ordinances imposing interim regulations in the face of "unusual circumstances." That unusual circumstance was a proposal by Rye Beach-based North American Training Lodge to build a 200-acre training facility on 1,100 acres of land in North Groton encompassing indoor and outdoor shooting ranges, a skeet range, residential lodges, a "judgment training" facility and other facilities.

NATL President William Gifford held an informational meeting with the board of selectmen in January attended by a small group of residents. Word quickly spread, however, and the next meeting scheduled in February drew so many residents and other interested people, the crowd exceeded the town house's capacity. Gifford decided against holding another public meeting, particularly since there were no town ordinances requiring him too. Instead, he opted for holding several invitation-only private meetings at the Common Man Inn.

That move angered local residents, who formed the Concerned Citizens for Regional Impact and hired attorney Barry Schuster to draft the interim ordinance. The planning board enacted the interim ordinance in late February in essentially the same form as enacted Tuesday. The ordinance gives the town until March to enact a more complete zoning ordinance. Otherwise, it expires on May 23, 2007.

Those who opposed the ordinance pointed to the tax revenue, estimated by Gifford at $47,000 to $57,000 per year, to the town. Some opposed it on general aversion to zoning ordinance. It effectively removes Groton from the list of 20 New Hampshire towns without zoning regulations.

Proponents argued NATL had not adequately assessed the impact its facility would have on town infrastructure, noise levels and services. Gifford has never adequately addressed the question of who would be clients for the facility, saying only that it would provide training for Navy Seals and other military and law enforcement special operations units. Despite his unwillingness to answer reporters' questions or return phone calls, he has blamed the news media for negative public reaction to the proposal.

Officials with the Navy Seals confirmed some of the principals in the organization are former Seals and that the organization does sometimes contract with non-military training facilities, most notably the Blackwater facility in North Carolina. It has no contracts with the proposed Groton facility nor are any under negotiation.