Milford Planning Board narrows voters guide language for zoning Amendment 5, rejects revote

The Milford Planning Board on Feb. 4 approved edited language for the voters guide entry for Ballot Vote 5 — a zoning amendment — after a lengthy debate about wording, the possibility of a minority/majority report and whether the board could revisit a prior vote.

The vote followed legal guidance from town counsel that the board could not take a revote on the substance of the amendment. Town counsel Matt Decker concluded that Planning Board rules — and RSA 675:3 — require a motion to reconsider be made only by a member who voted with the prevailing side, and that the final form of a ballot question must be established immediately after the public hearing. The board therefore moved on to editing the voters guide text.

The discussion centered on three topics: how to present facts to voters without appearing to advocate for or against the amendment; whether to include majority and minority statements; and how to describe the scope of the change. After debate the board agreed to compress the topical description, remove advocacy wording and strike a specific line that said the proposal "will allow landowners to subdivide their properties of 2 acres or more into lots of less than 1 acre." Instead the voters guide will say the proposal "impacts approximately 12,100 acres of the town's total 16,300 acres" and display a map ("C map"). The board also agreed to remove the word "strongly" from a line referencing the Economic Development Advisory Committee (EDAC) and to place EDAC's mention after the planning board's recommendation.

Pete Basileer, planning board member, said he did not seek to "replace" an alternate's vote and clarified his intent: "It was never my intent to replace the vote of an alternate member." That clarification followed earlier requests from Basileer about whether a revote was procedurally possible.

Board members differ on whether to include separate minority and majority reports. Several members said they had historically not produced separate reports for most warrant articles because votes were unanimous; others said a separate minority report could be appropriate when the board is divided. The board heard town-counsel advice to avoid language that could be construed as electioneering and to limit the voters guide text to factual statements that were discussed in public hearings and minutes.

After drafting changes on the floor, the board approved the edited wording and the format of the recommendation line: "The Planning Board recommends this zoning amendment (5-2)." The motion to adopt the language for Ballot Vote 5 was made by Janet Langdell and seconded by Susan Robinson. Roll call recorded aye votes from Susan Robinson, Paul Amato, Andrew (Andrew Ceule in introductions), Jenna/Janet Langdell, Chris Labonte, Pete Basileer and the chair; the motion passed.

The board also agreed that an introductory paragraph explaining the role of the Planning Board in ordinance changes should appear before the ballot items in the voters guide; that language passed unanimously. Staff were directed to deliver final edits to the town staff member handling the voters guide on the required schedule.

What changed: the board removed language the majority believed could suggest advocacy, shortened the topical description to acreage plus a map reference, and moved the EDAC mention to avoid implying EDAC's statement supersedes the planning board's action. The board kept a factual statement that the amendment "enables additional dwelling units and increased densities" but struck wording suggesting the amendment was a tool explicitly designed to address state housing goals.

The planning board will not, at this meeting, publish separate majority and minority reports for Ballot Vote 5; members who wished to pursue a separate minority report indicated they may prepare one outside this meeting, but the board proceeded with the blended, neutral wording approved for the voters guide.

Votes at a glance: Motion to adopt modified voters-guide language for Ballot Vote 5 — mover: Janet Langdell; second: Susan Robinson; recorded ayes: Susan Robinson, Paul Amato, Andrew (Andrew Ceule), Janet Langdell, Chris Labonte, Pete Basileer, Chair; outcome: approved.

The board approved the edited language on the record and staff will forward the copy to the town's voters-guide coordinator for publication.