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Conference vmszoo::new_hampshire

Title:The Granite State
Notice:Welcome to NEW_HAMPSHIRE! Please read topic 1 before posting
Moderator:VAXCPU::michaud
Created:Fri Sep 26 1986
Last Modified:Thu Jun 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:3666
Total number of notes:56511

3637.0. "Merrimack Planning Board - Aviation Action" by VMSSG::FRIEDRICHS (Ask me about Young Eagles) Wed Jan 15 1997 10:54

T.RTitleUserPersonal
Name
DateLines
3637.1VMSSG::FRIEDRICHSAsk me about Young EaglesWed Jan 15 1997 10:5911
3637.2TLE::REAGANAll of this chaos makes perfect senseWed Jan 15 1997 16:1329
3637.3VMSSG::FRIEDRICHSAsk me about Young EaglesThu Jan 16 1997 11:0125
3637.4HYLNDR::BADGERCan DO!Thu Jan 16 1997 12:0811
3637.5VMSSG::FRIEDRICHSAsk me about Young EaglesThu Jan 16 1997 12:3631
3637.6ya, butHYLNDR::BADGERCan DO!Thu Jan 16 1997 13:1434
3637.7TLE::REAGANAll of this chaos makes perfect senseThu Jan 16 1997 13:289
3637.8MKOTS3::RAUHI survived the Cruel SpaThu Jan 16 1997 13:576
3637.9VMSSG::FRIEDRICHSAsk me about Young EaglesThu Jan 16 1997 13:5715
3637.10MKOTS3::RAUHI survived the Cruel SpaThu Jan 16 1997 13:595
3637.11TLE::REAGANAll of this chaos makes perfect senseThu Jan 16 1997 15:305
3637.12VMSSG::FRIEDRICHSAsk me about Young EaglesThu Jan 16 1997 16:507
3637.13MKOTS3::RAUHI survived the Cruel SpaFri Jan 17 1997 08:523
3637.14HYLNDR::BADGERCan DO!Fri Jan 17 1997 11:5120
3637.15VMSSG::FRIEDRICHSAsk me about Young EaglesFri Jan 17 1997 12:2622
3637.16MKOTS3::RAUHI survived the Cruel SpaFri Jan 17 1997 12:409
3637.17OK you want to land your plane2975::MACHONFri Jan 17 1997 14:303
3637.18VMSSG::FRIEDRICHSAsk me about Young EaglesFri Jan 17 1997 14:368
3637.19APACHE::KEITHDr. DeuceFri Jan 17 1997 14:5518
3637.20MKOTS3::RAUHI survived the Cruel SpaFri Jan 17 1997 15:2212
3637.21Are you the ones that just got the new Video store?VAXCPU::michaudJeff Michaud - ObjectBrokerFri Jan 17 1997 15:4820
3637.22VMSSG::FRIEDRICHSAsk me about Young EaglesFri Jan 17 1997 16:2611
3637.23HNDYMN::MCCARTHYA Quinn Martin ProductionSat Jan 18 1997 19:1412
3637.24APACHE::KEITHDr. DeuceMon Jan 20 1997 11:2613
3637.25PCBUOA::MEDRICKMon Jan 20 1997 11:4612
3637.26VMSSG::FRIEDRICHSAsk me about Young EaglesMon Jan 20 1997 12:0722
3637.27What is the real issue here?TUXEDO::BAKERMon Jan 20 1997 17:5947
3637.28foreign aircraft maybe?HNDYMN::MCCARTHYA Quinn Martin ProductionTue Jan 21 1997 06:2921
3637.29HYLNDR::BADGERCan DO!Tue Jan 21 1997 08:0725
3637.30APACHE::KEITHDr. DeuceMon Jan 27 1997 12:205
    I see posters in MK0 about going to the PB meeting and expressing you
    (negative) view of this...
    
    
    Steve
3637.31USCD::mko-ras-port-20.mko.dec.com::HeussForward into the past....Mon Jan 27 1997 12:26160
The following article appeared in the New Hampshire section of 
yesterday�s Sunday Boston Globe.  Since it is very germane to this 
discussion I thought it worthwhile to post it.  The article is 
reprinted without permission.

========================================================

Law grandfathers family airstrip

By Claire Kittredge 
GLOBE CORRESPONDENT 


BRENTW0OD � On a balmy Sunday afternoon, Ellen Spengler was puttering 
about the kitchen of her 18th century farmhouse when a plane crashed in 
her backyard.
"I looked outside to see a plane glide over the garden and crashed with 
a thud right there, where my husband had just been mowing the lawn," 
said Spengler, eyes electric, of her orthopedic surgeon spouse. "There 
was a thunderous noise. I was terrified."
The small plane had overshot a grassy field used as an airstrip by her 
neighbor across Pickpocket Road. The crash injured the Massachusetts 
pilot and damaged his plane. It spilled toxic airplane fuel in the 
Spenglers' backyard. 
And it ignited a bitter civil war between neighbors that has split 
apart this semi-rural backwater of 2,600. The fight over the airstrip 
in Walter Porter's "back 40" pits the "Live Free or Die" property 
rights of avid flying buffs against their neighbors' rights to enjoy 
their land free from unwanted risk.
The battle has statewide ramifications. 
In a twist that has outraged some residents, a bill quietly pushed 
through last year by a sympathetic legislator lets any New Hampshire 
landowner use his or her land as a private airstrip unless town zoning 
specifically forbids it.
Porter, a strapping 42-year-old in overalls and flannel shirt, said 
during a recent interview that critics have exaggerated the statistical 
risks of his rural airstrip. Opponents, who say they have been tarred 
as 'Vigilantes in Gucci loafers," want his airstrip shut down.
"It's more of an emotional than a factual issue. I don't mean to say 
their fears aren't real," said Porter, a manufacturing engineer for 
Hewlett-Packard. "But they need to understand the real risks." 
Across the nation from 1984 to 1988, six people a year not in planes 
were killed by planes, according to the Aircraft Owners' and Pilots' 
Association. That compared to more than 20,600 murders, 852 bathtub 
drownings, 87 lightning deaths and 43 deaths from insect stings. 
"You could easily get people riled up to ban airplanes. But I don't 
think mine is more of a nuisance than motorbikes or ehainsaws," said 
Porter. 
Not all abutters want him shut down, he adds. "Having an airstrip here 
is probably less dangerous to neighbors than driving a car." 
But Roger Brown, a University of New Hampshire associate professor of 
German whose land abuts Porter's field, said Porter's airstrip intrudes 
on his rural space. 
"I bought my land out here because I valued wildlife and privacy," he 
said, gesturing at his back 40. "I'm very afraid of another crash." 
"The corner of our house is 800 feet from his airstrip," said truck 
driver Philip Barry, 41, another abutter. "We've got two young 
children. It's too close." 
"Do I look like I wear Gucci loafers?" asked Ann Marie Lafayette, 86, 
also an abutter. In 1991, when her family moved to a rundown trailer 
here from crime-ridden Haverhill, Mass., they planned to build a house 
on their highest, dryest land, over-looking Porter's field, she said.
That was then. Now, she said: "I wouldn't feel safe having a plane take 
off and land within 250 feet of my home. And I don't feel safe for my 
children." 
The fight over Porter's airstrip has been convoluted, Walter Porter and 
his wife, Bonnie, a pilot, moved to Brentwood six years ago from 
Tewksbury, Mass. They bought 88 acres here after a four-year search, 
and after Deerfield residents shot down their move to build an airstrip 
there. 
Behind their 200-year-old house in Brentwood is a rolling, half-mile 
long field. It doubles as an airstrip. 
And their two-seater, a World War II-era Piper Cub, sits in their back 
field. With its wooden propeller and bear cub logo, bright "cub yellow" 
paint job streaked with black lightning bolts, the vintage '46 flying 
machine looks like a large toy. 
And until July 1992, everything "was wonderful," said Porter,.who likes 
to talk about the magic of flight, "Then came the crash," 
"It wasn't me that crashed," said Porter. "It was an acquaintance from 
work who thought he had an invitation to land here. He did a perfect 
landing and for some reason aborted the landing and tried to take off 
again. We understand our neighbors were upset. We were all upset." 
After the crash, Brentwood selectmen ordered Porter to stop flying from 
his back field. 
In 1998 and 1994, town voters shot down a zoning change that would have 
let Porter reopen his airstrip. Neighbors thought the drama was finally 
over. 
"But two years later this Aug. 11, I'm dumping brush in my backyard and 
I hear a plane take off," said Brown. "My alarms went off." The 
"incredible" had happened. 
"It turns. out this. guy has snack up to Concor:d to Harold Buker," 
Brown said of the late director of the state Aeronautics Division. �And 
Buker referred him to a local legislator. �
Incredibly, said Brown, Rep. Kenneth I Weyler, Republican of Kingston, 
had quietly pushed through a bill making it legal to use one's land to 
take off and land unless prohibited by town law. House Bill 1156 became 
law last Aug. 9. 
Porter's neighbors were incensed. "Imagine what that means," said 
Brown. "This was all done in secret. And if a town like Brentwood 
wanted to proscribe it, they claim it's grandfathered in " 
Sean O'Leary, 40, lives in Brentwood. He said the bill!s handling was 
"blatantly underhanded" 
"I was appalled," he said. "They kept it quiet so committee hearings 
were held with no opponents present, and it went into 'an omnibus bill 
that: got passed at once; None of our other legislators knew about this 
bill or that they'd voted for it And no local officials knew about it 
until it was too late." 
"We're concerned that citizens were not notified about the bill," said 
Donald Sommers, chairman of Brentwood's Board of Selectmen. 
"The town is divided on the airstrip," echoed Selectman Irving Cross. 
"But the town had voted. It shouId have been decided on the local 
level." 
Neighbors are fighting back. 
Last fall, the Spengleri and several abutters sued the Porters in 
Rockingham County Superior-Court, seeking no money but demanding that 
Porter's airstrip be shut down. 
Two town votes had already banned airstrips, the suit argues. And the 
town's "permissive" zoning, the type most New Hampshire towns have, 
means that unless a specific use is permitted, you can't do it. 
The plaintiffs' attorney, Heidi Shealy, argues that the airstrip bill 
undermines community welfare and is unconstitutional. "Right now, the 
law says anyone can land a plane in their backyard. That's outrageous 
said Shealey. "The legislation didn't even give towns the time to 
change their zoning." 
For their part, the Porters argue in court papers that the suit is 
frivolous. They want repayment of their court costs and lawyers' fees.
Recently, a judge refused to grant a temporary order shutting Porter 
down. Shealey, who has appealed, said the case may wind up before the 
state Supreme Court. In the past, the high court has ruled that Ianding 
strips are not an allowable "accessory" use of one's land, but HB 1156 
reverses that. 
"The question is what's good for New Hampshire," Shealey said. "Laws 
shouldn't be passed for the benefit of one person. Representative 
Weyler should have told his constituents about the bill. But selectmen 
got no notice. The Planning Board got no notice. And the abutters got 
no notice. Now we're in a situation where all towns' zoning has been 
thrown out the window and everyone's at risk." 
Despite the furor, a proposed zoning change banning airstrips in 
Brentwood set to go before town voters in March is not a shoo-in. 
The Planning Board said the change is too restrictive. "This is still 
America," Planning Board chairman Jane Byrne said recently. "This is a 
viable use in many parts of town." 
Weyler, an American Airlines pilot, said the process was not 
underhanded. "People tell me, why didn't you tell me?' I say, why 
didn't you call me?' ", He said Buker and pro-aviation legislators 
backed the bill. "It was a public process. To accuse me of sneaking 
something through is unfair," he said. 
Porter's lawyer, Stephen Hermans, referred questions to Porter, who 
said "People should be able to responsibly do what they want with their 
property as long as, they take precautions to ensure public safety." 
Asked what makes the hassle worthwhile, Porter said: �It�s the sheer 
joy of flight.  There�s nothing like seeing the country from a small 
airplane.
After several years of litigation, the Spenglers got the airplane fuel 
cleaned out of their yard. But they have put their house up for sale. 
Meanwhile, if this spring's town meeting vote goes against him, Porter 
said: "We're grandfathered." 
He said he understands opponents' anger.
"If they'd done that to me, I'd be as irate as they are," he said.  
"But I might admit they were smarter."
3637.32VMSSG::FRIEDRICHSAsk me about Young EaglesMon Jan 27 1997 12:5611
    Thanks...
    
    I brought the article in today and hadn't had a chance to type it..
    
    BTW - I got notice on Saturday that the board is now scheduling a 
    3rd public hearing on Feb 18, so that they can incorporate comments
    received at tomorrow nights hearing...
    
    Cheers,
    jeff
    
3637.33NETCAD::MORRISONBob M. LKG2-A/R5 226-7570Mon Jan 27 1997 17:1511
  What I'm most concerned about re the Globe article is that the proponents
were able to get this bill thru the Legislature with almost no publicity.
People should not have to call their legislators every week to ask if there
are any bills coming up that could affect them. It is the press's responsibil-
ity to keep people informed about issues like this, and it is the legislature's
responsibility to notify the press (and, indirectly, the public). It's clear
to me the Weyler wanted this bill to go thru with as little fanfare as 
possible. And that is wrong.
  I feel compassion for the people in Brentwood who feel the only way they
can regain a sense of security is to sell their house and move. Whether their
fears are well-founded or not, they are obviously living in fear.
3637.34so what is the best way to inform the public?HNDYMN::MCCARTHYA Quinn Martin ProductionTue Jan 28 1997 05:347
>>People should not have to call their legislators every week to ask if there
>>are any bills coming up that could affect them. It is the press's responsibil-


Amen.

bjm
3637.35HYLNDR::BADGERCan DO!Tue Jan 28 1997 07:558
    the article also demonstrates the need to immediately get something in
    place least a grandfather could occur.  It appears as though
    the planning board is acting very responsibly for town residents.
    
    the story also demonstrates that perhaps you can't work it out with the
    pilot as was previously mentioned.  
    ed
    
3637.36MKOTS3::RAUHI survived the Cruel SpaTue Jan 28 1997 09:582
    But, in New Hampshire, you have to understand who and what is passing
    these lofty laws.....
3637.37Watching Gov't In Action Takes A Strong StomachSMURF::LIUMy Beer? Scudrunner Dark...Tue Jan 28 1997 10:4954
    
    Well thought out public policy clearly states what the true
    goal is and then lays out fair means to get to that goal.
    If the town of Merrimack desires to ban any of its residents
    from operating any kind of flying machine from any surface
    within town limits, then they should say that.  Then that 
    goal can be debated and voted up or down.
    
    What it looks like Merrimack is doing, is trying to regulate
    an activity that they do not understand.  The proposed
    ordinance asks individuals to get a state agency to grant an
    approval, but that state agency says that they have never
    been in the business of approving what the town is asking.
    The town has chosen to try and codify some noise values for
    this one activity, and to assign some minimum land-use size,
    and structure requirements.  But when you look at the
    list of requirements, its obvious that the drafters need to
    do more homework.  Haste makes bad law that is easily
    challenged in the courts.  Better to take more time and
    make rules that will stand up to scrutiny and can be
    applied fairly.
    
    Current use, such as aircraft operation on Baboosic Lake,
    and the individual(s) who already fly from their property,
    are grandfathered.  So this will activity will continue.
    If the town rushes to enact a poor ordinance to head off
    one individual from doing something, that individual has
    an excellent chance of getting a court to knock down the
    ordinance.  Its a catch-22.  If the town does a bad job,
    they will wind up losing.  If they go slow, then existing
    users are grandfathered.  BUT! if the enact a hasty, and
    badly formed, ordinance and later have it struck down,
    they risk having to allow more folks to get established
    before they can come up with a better ordnance.  Bad law
    is always a bad idea.
    
    Another perspective is the real risk vs. the perceived risk.
    Seems like everyone these days lives in fear.  But when you
    look at the real numbers, many more folks have trees fall on
    them, fall off ladders, slip in the bathtub, and get hit
    by drunk drivers, than get any kind of injury from any
    aviation activity.  So you have to balance how you respond
    to folks fears, with those individual's responsibility to
    own and deal with those fears themselves.  Some folks are
    afraid of trains.  Do we ban railroad crossings and force
    all tracks to tunnel under roads?  Anyway, if you start
    banning anything that makes one person fearful, then our
    society will grind to a halt.
    
    But small town politics is not about common sense or making
    good ordinaces.  And Merrimack politics has managed to get
    itself nationally known for trying to push the clock back
    much farther than the Wright brothers.  Glad I don't live
    there.
3637.38DRAGN::BOURQUARDThis is not hereTue Jan 28 1997 11:0311
>> RE .33
>> It is the press's responsibil-
>> ity to keep people informed about issues like this,

No, the press is part of the entertainment industry and the only real
responsibility they have is to sell newspapers and make a profit for their
shareholders.  That's pretty much where their responsibility ends.  I don't
want a newspaper taking the responsibility for the information I receive.
That's MY responsibility and mine alone!

Dan
3637.39MKOTS3::RAUHI survived the Cruel SpaTue Jan 28 1997 11:042
    Wow! What are they going to do with them helli pads in MKO?:) Should be
    really funny....
3637.40VMSSG::FRIEDRICHSAsk me about Young EaglesTue Jan 28 1997 13:2117
    re: the bigger problem of "quiet legislation"...
    
    I learned something the other day that was quite interesting (I don't
    know if this is how this particular law was passed though).
    
    NH recently passed a bill that now makes it OK to add any admendment to
    any pending bill, whether it is related to the issues in that bill or 
    not!  As a result, the public needs to be more vigilant in reading all
    of the bills and amendments, not just bills that sound like they 
    affect you.  So, for example, an amendment to allow toxic waste dumps
    can be added to a highway safety bill.
    
    Good or bad, right or wrong, this is the way it is in NH.
    
    Cheers,
    jeff (who is learning a lot about politics!)
    
3637.41want to be informed? let your fingers do the walking...R2ME2::DEVRIESdownsized: your footage may varyTue Jan 28 1997 14:2838
re: the press's responsibility

.38 is dead on.  It's the press's responsibility to sell papers or broadcast
time.  If they happen to find that that end is served by dispensing some
information, swell.  Otherwise, it's all features or music or talk or some
other fluff.


re: quietly becoming a law

How poetic.  Almost *every* law "quietly becomes a law" unless you care
enough to dig out the facts.

For starters, look at Webster, the NH state government's online service at
http://www.state.nh.us/.  You can drill down and find the airport law from
last year.  Not that it looks all that dangerous in this form.


re: the state let's the locals decide what they want to do about it

How very new Hampshire.  How did that all of a sudden become sinister.


re: the danger

That's a fine comparison of relative dangers a few back.  We take the
automotive carnage for granted (nationally, the equivalent of the total 
Viet Nam death toll *every year*).  How logical is it to carp about this
private plane thing?  Eight people a year?  More people than that die falling
down stairs.  Do we legislate ranch-style houses for everyone?  And who
volunteers to have his or her house be razed as the first demonstration
of compliance?


What the 90's needs is a little more perspective.  Not everything is equally
grave, even though it's written in the same point size.

-Mark
3637.42TLE::REAGANAll of this chaos makes perfect senseTue Jan 28 1997 15:086
    RE: .40
    
    Exactly how it works in Washington or doesn't work depending
    on your point of view... :-(
    
    				-John
3637.43NETCAD::MORRISONBob M. LKG2-A/R5 226-7570Tue Jan 28 1997 15:5920
>No, the press is part of the entertainment industry and the only real
>responsibility they have is to sell newspapers and make a profit for their
>shareholders. 

  This is true of the broadcast press, because there is a limited number of
channels available and the startup and operating costs are so high that only
those stations that have a large audience can survive. However, for the print
press it is fairly easy for someone to organize a small company and publish
a newspaper on their own. So if the big papers don't cover the important
stuff properly, and a large segment of the public knows this, it should be
possible for someone to start a new paper that DOES provide this coverage.
  I know this is not always possible. For example, about 20 years someone
tried to start a less conservative alternative to the Union Leader and it
folded after a short time.
  I still feel that the press has a moral responsibility to cover that which
is important, even if they think it is less profitable to do so.
  If it is indeed the case the people must call their legislators every week
to find out if there is are any "hidden" bills on the floor that affect them,
then the phone company had better put in a lot more phone lines, or else we
will be getting a lot of busy signals.
3637.44NETCAD::MORRISONBob M. LKG2-A/R5 226-7570Tue Jan 28 1997 16:0310
> That's a fine comparison of relative dangers a few back.  We take the
> automotive carnage for granted (nationally, the equivalent of the total 
> Viet Nam death toll *every year*).

  I am one of the few people who do NOT take this for granted. And there are
some things we can do about it that we are not doing, but I won't go 
further down this rathole here.
  I personally would not live in fear if someone were landing and taking off
a small plane in the field next to my house, as long as my house was not
directly under the flight path. I would, however, be disturbed by the noise.
3637.45MKOTS3::RAUHI survived the Cruel SpaWed Jan 29 1997 09:144
    Whelp. Then if they can attach a nuke waste dump to highway
    improvement. I wanna add a quite muffler to the dam bikies, and want to
    have all motorcycle owners have 10 acres of land to land their bikes
    on.:)
3637.46VMSSG::FRIEDRICHSAsk me about Young EaglesWed Jan 29 1997 09:3822
    Interesting meeting last night...
    
    Out of about 75 people, I was the only pro aviation speaker.  I pointed
    out the errors and absurdities in their proposal.  A large number of
    people felt that the restrictions were not enough, and that the
    proposal should ban them. 
    
    I expect that the next revision will propose a ban on powered aircraft 
    in Merrimack.  And, if last night was an indication, the ban will 
    likely be passed.
    
    While I will lobby and vote against the ban, at least the wording and 
    intent of the change will be clearer so that the voters can get what
    they ask for...  If voted for, I will be happy to live with the voters
    wishes.   I just hope that if this change is voted down, that the 
    proponents will accept the community's wishes as well.
    
    Anyone else reading this at the meeting last night?  Comments?
    
    Cheers,
    jeff
    
3637.47TLE::REAGANAll of this chaos makes perfect senseWed Jan 29 1997 09:497
    > If voted for, I will be happy to live with the voters wishes. 
    
    Keep on fighting them.  Just because the "majority" votes for it,
    it doesn't mean its legal.  The constitution is there to prevent
    the "majority" from trampling the rights of the "minority".
    
    				-John
3637.48VAXCPU::michaudJeff Michaud - ObjectBrokerWed Jan 29 1997 11:235
>     Keep on fighting them.  Just because the "majority" votes for it,
>     it doesn't mean its legal.  The constitution is there to prevent
>     the "majority" from trampling the rights of the "minority".

	Someone should tell the RR that ...
3637.49BIRDIE::POWISWed Jan 29 1997 11:464
Just curious -- if you fly from your own land in
Merrimack, or for that matter, any town in close proximity
to an airport, are you required to contact the air traffic
control folks? Or, does one "just wing it" :-)
3637.50MSBCS::BROCKSon of a BeechWed Jan 29 1997 12:2314
    The term 'just wing it' unfortunately does not do justice to the detail and
    preparation which should go into EVERY flight - from a 747 to something
    much smaller. There is a reason that becoming a private pilot takes a
    whole lot of hours of study, a whole lot of hours of flying with an
    instructor, and, unfortunately, a whole lot of money associated with
    both of the above. I think that no one flying 'just wings it'.
    
    Having said all that, the answer to 'contact traffic control' is 'It
    depends'.
    Unless an aircraft is flying in certain designated airspaces, and/or is
    flying when certain weather conditions prevail, there is not a need,
    requirement, or value in conversing with 'traffic control'. In fact,
    the value that 'traffic control' brings to aviation is often
    misunderstood and often over-rated.
3637.51NETCAD::MORRISONBob M. LKG2-A/R5 226-7570Wed Jan 29 1997 16:377
>>     it doesn't mean its legal.  The constitution is there to prevent
>>     the "majority" from trampling the rights of the "minority".

>	Someone should tell the RR that ...

  In what way is the railroad trampling the rights of the minority? Or does
"RR" means something else in this context?
3637.52QUARRY::nethCraig NethThu Jan 30 1997 14:091
I think RR meant 'Religious Right'
3637.53They even spelt your last name correctly :-)VAXCPU::michaudJeff Michaud - ObjectBrokerFri Jan 31 1997 01:2011
> Out of about 75 people, I was the only pro aviation speaker.

	BTW, in case you didn't know yet, you got mentioned in
	the article in Thursdays paper:

	    "Resident Jeff Friedrichs spoke in favor of allowing the 
	    use of aircraft in residential zones, but till criticized
	    the prposed amendment because he felt in its current form
	    it places undue restrictions on aircraft owners."

	    ... "Residents will vote April 8 on all proposed amendments."
3637.54unexpected supportR2ME2::DEVRIESdownsized: your footage may varyFri Jan 31 1997 13:4112
re: .48

>>     Keep on fighting them.  Just because the "majority" votes for it,
>>     it doesn't mean its legal.  The constitution is there to prevent
>>     the "majority" from trampling the rights of the "minority".
>
>	Someone should tell the RR that ...

Assuming that the RR is a minority itself, I think you've just given us
great encouragement.  Thanks!  :-)

-Mark
3637.55Democracy isn't majority ruleFOUNDR::DODIERDouble Income, Clan'o KidsMon Feb 03 1997 10:2018
    	Re: last few
    
    	Unless there are *valid* concerns, I don't see where it's fair to
    just ban something like this. Obviously, you'll never have a majority
    of people at a town meeting that want to have their own landing strip.
    
    	The safety issue has already been shown to be insignificant. So if
    it's a noise issue, there should already be laws on the books that
    anyone should have to conform to. If neighbor A can't fly his plane
    because it's too loud, but neighbor B can run his chainsaw all day
    that's just as loud, then this is an unfair law.
    
    	Some people think that democracy is a "majority rule" situation,
    but it's not. Sounds like a call to some of the major network news 
    stations might be worth while.
    
    	Ray
    
3637.56things are different nowHNDYMN::MCCARTHYA Quinn Martin ProductionMon Feb 03 1997 13:527
>>    of people at a town meeting that want to have their own landing strip.

It does not matter if they all show up at town meeting.  They have to show 
up a month later at the TOWN VOTE.  

Brian J. - who does not expect 2/3 of the town to vote for a rebuild of my
           road.
3637.57What I meant, but...FOUNDR::DODIERDouble Income, Clan'o KidsMon Feb 03 1997 16:496
    	Re: last
    
    	So does 2/3's of the town have to vote for this bill for this ban 
    to take affect ? 
    
    	Ray
3637.58big ticket items require 2/3 of all votesHNDYMN::MCCARTHYA Quinn Martin ProductionTue Feb 04 1997 06:1521
>>    	So does 2/3's of the town have to vote for this bill for this ban 
>>    to take affect ? 

I doubt it.  The 2/3's vote is for BONDed warrant items, which the 613K price
tag of Seaverns Bridge Road qualifies for.

My guess is its a "simple majority" has to vote for it.  

Since I have not seen the question, I guess it could be worded like:

* We are going to ban private air strips.  Check NO if you don't want
  this to happen.

Or

* Check YES if you would you like to ban private air strips.


So either a 50% yes or no, depending on the wording :-)

bjm
3637.59Local politicsFOUNDR::DODIERDouble Income, Clan'o KidsWed Feb 05 1997 13:257
    	re:last
    
    	Great, so the one person with the plane shows up to vote against 2
    or 3 emotional neighbors, who have not proven they have any *valid*
    concern, and it's a done deal ? That sucks.
    
    	Ray
3637.60TLE::REAGANAll of this chaos makes perfect senseWed Feb 05 1997 13:5010
    It isn't just "local politics", its just poor turnout in all elections. 
    It is hard to make statistical claims about the concerns of the
    electorate when only a handful show up to vote.
    
    It makes me laugh when a politician claims a "mandate" when they
    win an election by a large margin (of those voting) when only 
    15-20% of all registered voters even voted!  In those races, I
    say apathy won...
    
    				-John
3637.61NUBOAT::HEBERTCaptain BlighThu Feb 06 1997 10:518
In the 1996 Presidential election, less than 1/2 of the voters turned out
to vote. Of those who did, less than 1/2 voted for Clinton. 

He was elected by less than 1/4 of the elegible voters.

Nobody cares about apathy any more   B^)

Art
3637.62VMSSG::FRIEDRICHSAsk me about Young EaglesMon Feb 10 1997 10:3833
    (reposted with Item 8 info added)
    
        Well, over the weekend I received the final wording of the articles...
    
    The following will all be added if Item 1 is approved by the voters.
    
    Permitted residential uses:
    
    "Aircraft takeoffs and landings on private land by the owner of such 
    land or by a person who resides on such land are not valid and
    permitted accessory uses"
    
    Definitions:
    
    "Airport/Heliport/aircraft: An area of land or water providing certain
    specified facilities and services for use in connection with air
    transportation which could be used as a site for landing and taking off 
    of aircraft.  Aircraft means any engine power contrivance for air
    transportation"
    
    Permitted Use:
    
    "The use or operation of equipment, vehicles or aircraft, including
    aircraft takeoffs and landings, for the purpose of emergency response,
    medical necessity, public safety, emergency landing, media coverage, 
    building construction, equipment installation or political
    campaigning."


    Item 8 also addresses airport/heliports in the "Aquifer Conservation
    District" and sets heliports and airports - including aircraft
    refueling, deicing and maintainance as "regulated uses" in all Aquifer
    Conservation Districts.
3637.63Vote No on Item 1!VMSSG::FRIEDRICHSAsk me about Young EaglesMon Feb 10 1997 10:4654
    BTW - The public hearing on these changes will be on Feb 18, 7:30pm.
    It is my understanding that the result of this hearing will be simply
    whether or not to include each item on the ballot in April.  If there
    is opposition to the proposed wording, there is not enough time to
    rewrite it and still get it in front of the voters this year.
    
    
    My comments:
    
    - I am happy that it is now much clearer to the voters what they are
    voting for or against.
    
    _ I am happy that they included my change in the definition of 
    aircraft.  That appears to protect my radio control airplane use.
    
    - I am surprised that they left "political campaigning" in as there
    was a fair amount of opposition voiced about this loophole in the 
    2nd public hearing.  The way I see it, as long as I am filed as running
    for any public office, I can paint "vote for me" on the side and then
    fly out of my private property.  But since the item refers to
    "equipment, vehicles or aircraft", they had to leave it in.  Otherwise,
    cars with "vote for me" could not be parked in residential areas
    either.
    
    - Under the new wording, I can't fly off my land, but my neighbor can
    fly off my land.  Or I can fly off his!
    
    - This still doesn't address Baboosic Lake and the Merrimack River..
    Actually, perhaps it can't because I suspect that the lake itself can
    not be (is not) zoned residential.
    
    - For whatever reason, they decided not to ban flights in the
    commercial district.  That is interesting.  (FWIW -
    Digital/Sanders/Fidelity are all in the Industrial zone, and there was
    never any attempt to restrict flights into those zones).
    
    - With the changes in Item 8, I wonder what I need to do if I want to
    work on my airplane that is sitting in my garage.  The current wording
    would imply that I need approval.   Yet my neighbor can restore his
    car and not be regulated...   Hmmm..
        
    I am still against the ban (Item 1).  If there are noise or safety
    concerns, then address and apply those equally to all residents, no
    matter what they are doing.  To paraphrase the helicopter pilot, "My
    neighbors want to enjoy the peace and quiet of my land, without paying
    for it."  There is a lot of truth to that statement..
    
    Item 8 clarifies overall is needed though.  I will question the board,
    and perhaps I will have to get approval, but I can't imagine why they 
    would turn me down.
    
    Cheers,
    jeff
    
3637.64VAXCPU::michaudJeff Michaud - ObjectBrokerWed Feb 26 1997 19:4610
> In the 1996 Presidential election, less than 1/2 of the voters turned out
> to vote. Of those who did, less than 1/2 voted for Clinton. 

	Just keep in mind however it's hard to compare his popular vote
	in the 1996 or 1992 elections with the popular votes received by
	most if not all the Presidents in recent times.  That's because
	the last two elections were as close to being 3-way races as any
	Presidential election that I can recall.  With a 2-way race, baring
	a tie, or a substantial "anybody but those 2" vote, receiving at
	least a simple majority of the popular vote is not hard to do.
3637.65VMSSG::FRIEDRICHSAsk me about Young EaglesFri Apr 04 1997 11:108
    
    Merrimack voters, don't forget to vote on Tuesday, April 8.
    
    Oh, and btw - I encourage you to vote NO to Article 2.
    
    Cheers,
    jeff