Richard Thomas of Newton, NH continuation of a public hearing to obtain a conditional use permit for a home based business (firearms dealer) at 11 Kenwood Drive. The property is referenced as Tax Map 7, Block 3, Lot 22-12.
Mr. Thomas addressed the Board. Mr. Thomas presented his business plan to the Board. Some details from the plan are as follows:
The purpose of the home based business is to supplement retirement income by buying, selling, repairing, and modifying firearms.
The applicant is a former U.S. Marine with expertise in munitions.
No advertising will occur on the property.
Approximate time spent on firearms business – Four days per week (No Sundays), four hours per day.
Town acceptance of the business is the first step in the approval process. The application will be subject to approval from the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF). The federal approval is contingent upon a site visit, interview, and extensive background check of the applicant.
Miles asked the applicant why he chose to operate the business out of his home and not within another type of zoned area (such as the Village District Zone).
Mr. Thomas responded that he was trying to keep the business as low-key as possible. Also, operating the business out of his home was less costly and provided flexibility in operating hours.
Melvin stated that a home based firearms business is very typical in the State of New Hampshire.
Miles stated that the Town of Newton needs to examine regulations limiting how many firearms sales businesses are allowed within the Residential A zone.
Doggett stated that the current zoning ordinances do not prohibit a home based firearms business. The Planning Board cannot deny the current application as long as it conforms to the current zoning ordinances and regulations. In his opinion, the current application conforms to the ordinances and regulations.
Estabrook moved to accept jurisdiction of the application. Second by White. Motion carried 5-0-1 with Miles abstaining.
Doggett asked for abutter comments. There were no abutters present. Milner presented two letters from residents in the Kenwood Drive neighborhood opposing a firearms sales business within a residential neighborhood.
Groth asked if the business operations conformed to the home based business ordinance by not exceeding 25% of the total floor area of finished floor space of the dwelling.
Mr. Thomas responded that the business operations would use far less than 25% of the total floor area. He presented photos to the Board of the office and storage areas to be used.
Estabrook asked for specifics on the quantity of firearms and ammunition for sale that will be stored on the property.
Mr. Thomas responded that a maximum of six (6) firearms will be available for sale on the property. There will be no ammunition available for sale on the property. All ammunition will be for the applicant's personal use.
White asked the applicant how he was going to advertise his business.
Mr. Thomas responded that he would generate business primarily from word of mouth. He has no need or desire to grow the business beyond what he has presented to the Board.
White asked if the firearms customers are subject to background checks.
Mr. Thomas responded that the firearms customers are required to submit to background checks.
Miller asked for specifics regarding security to prevent theft of the firearms on the property.
Mr. Thomas responded that the following security features are in place:
There are locks throughout the home.
The firearms are stored in 800 lb gun safes bolted to the walls.
The applicant owns a large German Shepherd dog.
There is a family presence in the home a majority of the time.
An alarm system may be purchased in the future if funds become available.
Doggett asked for public comment.
Resident Jessica Ouellette addressed the Board. She asked the applicant what kind of firearms would be available for sale and if the business would include restoring guns.
Mr. Thomas responded that a variety of firearms (such as long guns, hunting guns, and hand guns) would be available for sale. Services, such as repair and modification of firearms, would also be provided.
Ms. Ouellette stated that she was concerned that a firearms business would attract a bad element to a neighborhood with children.
Mr. Thomas responded that he does not want to do anything that will compromise the safety of the neighborhood. He works for the federal government. He associates and conducts business with responsible, law-abiding citizens. He has gone above and beyond what other gun owners do to ensure that his firearms are secure.
Resident Heather Bell asked the applicant what kind of license he would receive from the government.
Mr. Thomas responded that he would apply for a FLL license that would include specifics concerning the types of firearms for sale. The ATF would conduct an interview and site visit.
Ms. Bell asked, if the applicant changed the nature of or expanded the firearms business, would the community need to be notified of the change.
Melvin responded that the community would need to be notified of a change in the business.
Ms. Bell stated her concern with the character of the customers and the increase of traffic coming to the neighborhood to purchase the firearms.
Mr. Thomas responded that he has a vested interest in the well-being of the neighborhood in which he lives. He will comply with all state and federal laws. Minimizing negative impacts on the neighborhood will outweigh any desire to generate sales.
Ms. Bell stated her opposition to a firearms business in the neighborhood.
White stated that every firearms customer must submit to a federal background check. In her opinion, the applicant secures his guns better than most other people in the Town of Newton.
Miles stated that the Planning Board has no plan to evaluate and control the number of firearms businesses in the Town of Newton. A policy needs to be created in the Town of Newton regarding firearms businesses.
Doggett stated that the Planning Board must follow the current zoning ordinances. Residents may create amendments to the zoning ordinances if they wish to regulate firearms businesses.
Groth stated that the applicant is meeting the requirements of the current zoning ordinances. He concurred with Doggett that residents may create a petition for town vote to prohibit firearms sales within home based businesses.
Miller moved to issue a conditional use permit to Richard Thomas for a home based business (firearms dealer) at 11 Kenwood Drive. Second by Melvin. The motion carried 4-2 with Miles and Estabrook opposed.
White suggested that a review of the business be conducted after two (2) years as was required for the previous firearms business approved by the Board. Doggett suggested that the Board reconsider its previous motion and entertain a new motion.
White moved that the Planning Board reconsider the motion to issue the conditional use permit for the home based business application at 11 Kenwood Drive. Second by Miller. Motion carried unanimously.
White moved to issue a conditional use permit to Richard Thomas for a home based business (firearms dealer) at 11 Kenwood Drive. The conditional use permit shall expire on March 1, 2014. At that time, the business will be subject to review by the Planning Board without fee to the applicant. Second by Miller. Motion carried 4-2 with Miles and Estabrook opposed.
Doggett closed the public hearing.