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Old 04-12-2011, 05:54 PM   #1
lawn psycho
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Default What legal "standing" do slip and storage renters have?

I'm sure this must have come up before.

As someone paying a fixed contract and having a slip (or rack) rental and storage I am curious if that give me legal standing to sign a petition?

I may not be a resident but I would think a renter on the lake would have some level of legal standing on items such as rafting the effect me directly.

Anyone know how this works? Could slip renters in a marina join together and push through a petition to the local Town or State?

Of course you do not have residency simply based on renting the slip.

My interest is in how to repeal some of the rafting areas.
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Old 04-12-2011, 06:03 PM   #2
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Default What residency requirements need to be met.

Not an answerable question, in my opinion.

In order to determine the legality of signatures on petition, you would first have to determine what that particular petition requires for the signatures.

A petition warrant article in Alton requires "x" number of Alton Residents to sign the petition.

I have signed petitions that required the signature of a resident of NH.

There may be no legal residency requirements for a petition.

You need to determine what the legal requirements are for the petition and then get signatures in accordance with those requirements.

From my end, renting a slip, valet, even season resident may not qualify for a petition.

Maybe we need a lawyer to chime in: check out callawinnilawyer.comm.
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Old 04-12-2011, 07:07 PM   #3
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Again, my interest is soley the repeal of no-rafting areas.

I see the process indicates how to apply for one but what is not as clear is how to remove or repeal an existing one.

Based on my reading it seems to get a NRZ you need the petition of only 25 people (who meet residency requirements), a public hearing, and the commissioner makes the decision.

To repeal a NRZ it appears that you need a bill filled to have it repealed and would have to go through the entire legislative process. Maybe someone can clarify but this is how I understand it would need to be done. If this is in fact the case then it clearly shows an inequity.
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Old 04-12-2011, 07:28 PM   #4
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It's always easier to take away something then to get it back. Once you control something you have power, very few people have the honor to give up power without a fight.

You have every right to gather the signatures of people who agree with you and submit those to any government official and request that they do something. And they can ignore you.

As upthesuakee says, if the petition has a legal requirement and defines the requirements then you need to meet them.

The concept of who is a resident is well argued and opinions vary, but I doubt you have any chance unless you sleep in that place. Also rules that apply to "taxpayers", don't seem to include someone who rents.
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Old 04-12-2011, 07:40 PM   #5
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As a renter (non tax payer) I doubt you would have much voice without establishing a giant vocal majority.
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Old 04-12-2011, 07:40 PM   #6
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You have every right to gather the signatures of people who agree with you and submit those to any government official and request that they do something. And they can ignore you.
Anyone interested in collecting signatures at the NRZs? Of course we can always get a legislator to put forth a bill with enough participation.
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Old 04-12-2011, 09:59 PM   #7
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Anyone interested in collecting signatures at the NRZs? Of course we can always get a legislator to put forth a bill with enough participation.
I too am not a resident and in reality do not raft very often, but would gladly support ANY effort to repeal any NRZ's.

If rafting is a problem because too many people are acting poorly in a group, then address the problem for what it is, not just because you don't like seeing half dozen boats tied up together.

I have been harrassed by the MP for being too close to other boats because of the NRZ rules when I was there before the other boats and was not even in their raft, just too close,,,

This restrict/ban everything madness has to stop somewhere!

I have said it before and will continue to say that this is not the same Winnipesaukee I grew up going to and its NOT an improvement!
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Old 04-13-2011, 05:51 AM   #8
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I too am not a resident and in reality do not raft very often, but would gladly support ANY effort to repeal any NRZ's.

If rafting is a problem because too many people are acting poorly in a group, then address the problem for what it is, not just because you don't like seeing half dozen boats tied up together.

I have been harrassed by the MP for being too close to other boats because of the NRZ rules when I was there before the other boats and was not even in their raft, just too close,,,

This restrict/ban everything madness has to stop somewhere!

I have said it before and will continue to say that this is not the same Winnipesaukee I grew up going to and its NOT an improvement!
The part that gets me fired up the most in the no-rafting zone is that it not only prevents boats from tying up (more than two) but it RESTRICTS boats entirely within 150 ft from shore. Distance from shore and boats tied together are mutually exclusive items but that part of the boating rules is the sinister reason people apply for the NRZs.

The West Alton sandbar is basically half consumed by the 150 ft marker and it makes absolutely no sense.

I also question the subjective standards used to allow some of these NRZs. The bar should be very, very high to get a NRZ granted and not based on red herring statements from petition signers.
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Old 04-13-2011, 07:06 AM   #9
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Do a search, the rafting issue has been hashed out here many time before.

There are a set of rules on how to get a NRZ and rule on what to do in a NRZ but no rules to remove or modify an NRZ, so how do you change the rules?

Well the most direct way is to change the law behind the rules. This requires lobbying the legislature or the Governor. What drives these politicians? Like all politicians, they want power, votes or money. So you need to convince them that changing the NRZ law will get them one or all of these things.
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Old 04-13-2011, 07:25 AM   #10
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Do a search, the rafting issue has been hashed out here many time before.

There are a set of rules on how to get a NRZ and rule on what to do in a NRZ but no rules to remove or modify an NRZ, so how do you change the rules?

Well the most direct way is to change the law behind the rules. This requires lobbying the legislature or the Governor. What drives these politicians? Like all politicians, they want power, votes or money. So you need to convince them that changing the NRZ law will get them one or all of these things.
I'm not rehashing the NRZ and what it means for boaters on the water.

The goal is to change the rules....
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