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Planning board continues AMS Properties lot-cluster subdivision amid open-space ownership, tax and cross-border questions
Summary
The board continued AMS Properties' lot-cluster subdivision to April 23, 2026, after lengthy discussion about whether open space should be owned by a homeowners association with a town-held conservation easement, or owned by the town; the board asked the applicant to draft easement language and provide full plan sheets and metes-and-bounds.
The Weare Planning Board on Feb. 26 continued review of the AMS Properties lot-cluster subdivision to April 23, 2026, after members and the applicant discussed multiple options for open-space ownership and the legal and tax implications of including land that lies partly in neighboring Goffstown.
The board and applicant explored three ownership options: a homeowners association holding the open space with the town holding a conservation easement; the town taking ownership directly; or selling an 8-acre parcel to the country club in Goffstown to simplify boundaries and tax treatment. Members raised concerns about how current-use designation and municipal boundaries would affect taxes and whether the open-space parcel could be treated as contiguous land under state statutes.
Board members advised the applicant to prepare an easement deed for review by town counsel and the conservation commission, to monument and blaze open-space boundaries prior to recording, and to supply complete plan sheets showing metes and bounds. The board noted that Goffstown planning board input will be needed because part of the land and access routes affect regional impacts and routing of construction traffic.
After discussion the board voted to continue the application to the April 23 meeting to allow the applicant time to draft easement language, consult with Goffstown as needed, and produce the full plan set for final review.
The continuation preserves options for the applicant to pursue private ownership with a town-held conservation easement or other solutions; the board requested clearer drafts of legal documents and confirmation of current-use treatment before final approval.
