In March of 2016, Henniker’s legislative body voted to approve two warrant articles that established, among other things, the very first Conditional Use Permit (CUP) for agrotourism in our town’s history..Those warrant articles were placed on the ballot by Citizen’s petition and after multiple Public hearings before the Planning board. (read here) (read here) (read here) (read here)
In addition to the CUP, a well-defined and an enumerated list of ancillary and accessory agrotourism activities was approved and those activities are subjected to a permitting process. The permit process was established. (read here page 7 Item 4) (read here 133:20-A)
Clearly, a lot of work and discussion was put in those two warrant articles that significantly changed the Zoning Ordinance. The changes that were made were clearly the changes that the members of the legislative body recognized as being necessary to put an end to this endless expenditure of TAX DOLLARS trying to prohibit an existing business’ right to respond to the changing commercial market.
Mr. Forster submitted a site plan review application in accordance with the NEWLY ESTABLISHED regulation.
The concerns of the Planning Board (PB) were addressed and ALL OF THOSE CONCERNS were resolved to the satisfaction of the PB, Henniker Police Department and the Henniker Fire Department. The record clearly shows (read here) that the PB did a wonderful job attaching reasonable restrictions to the CUP ensuring the health and safety of the general public and the well-being of the neighborhood. (read here)
THUS CUP WAS ISSUED! WHAT IS THE PROBLEM HERE FOLKS?
The problem is that you established another method for asking “permission”.
That leaves the power in the hands of the regulators and not the people.
I agree…I didn’t vote for nor support warrant article 4, which contained the Conditional Use Permit.That warrant article was drafted by a lobbyist lawyer and the town planner. the given to the Planning Board and they placed it on the ballot.
It did however pass and it is what Steve Forster was granted permission to do the events on his property.