Gun range project could land in Concord or another NH town

By Ray Carbone

SUTTON – Since his efforts to build a retail gun store/indoor shooting range in Warner were defeated last month, resident Eric Miller says he’s heard from numerous local communities that are anxious to see if his new business can be established in their towns.

Speaking by phone from his home here late last week, the owner of Dragonfly Ranges said that he’s seriously considering several potential locations, including two in Concord. “There are two (spaces there), and one is large enough for indoor skeet/trap shooting,” Miller explained. “So, I’m seriously considering doing two ranges. One for skeet/trap shooting and the other the more traditional range,” like the was proposed in Warner, he explained.

The two locations are “within four or five miles of each other,” Miller noted.

‘What I’m looking at right now is speed-to-market. It took a year for this to play out in Warner and I’m not spending another six months (delayed).’

  • Eric Miller, owner of Dragonfly Ranges

 

Miller said he’s decided against appealing the Warner zoning board of adjustment’s recent decision to deny a variance that would have allowed his $1.4-million firearms facility to be constructed on Warner Road, despite the urgings of his attorney. “My lawyer has said in no uncertain terms that the zoning board violated state law (by rejecting the variance request), and he has written me a very detailed analysis, even though I’ve told him I’m not looking to appeal this,” the business owner said.

“What it comes down to, quite simply, is that if I appeal then the judge would likely send (the case) back to the another zoning hearing,” Miller said. “And since its their (members) intend to violate state law, the only thing I could expect is that they would try to conceal their preconceived opinions and hide their real biases better than they did this go-around… It’s not a good investment of time.”

“What I’m looking at right now is speed-to-market,” he said. “It took a year for this to play out in Warner and I’m not spending another six months (delayed).”

Planning officials in Concord have assured Miller that there are numerous locations around the city – including some on Main Street – where he would have no problem opening up his retail gun store/shooting range operations. “We’d need no more than a building permit,” he said.

In Warner, Miller was unable to convince the five-member ZBA that his proposal was allowable under the town’s legal definition of a “permitted use” for a zoning variance. During the last year, a significant number of area residents said that they did not feel the facility was a good addition to the community because of concerns about noise, pollution and safety. Last month, the ZBA voted 3-2 to turn aside Dragonfly’s variance request.

Miller said that since the group’s decision, he’s received invitations from officials or private citizens in Hillsboro, Newport, Grantham, Springfield and Hopkinton, as well as City of Concord and his Sutton hometown, offering to discuss the possibility of locating his facility in their towns. Some involved procuring land and constructing a new building, something he’s not interested in at this time. Miller wants to rent space in an industrial-style building to speed his opening, he explained.

The business owner said he hasn’t yet developed any plans for the 2.9-acre Warner property he bought last year in hopes of constructing his facility.

“So far I’ve had three offers (to buy it),” he said. “One of them, of course, being from Norm (Carlson).”

Carlson is the founder and president of MadgeTech, Inc., the high-tech firm located adjacent to Miller’s property. He led the legal fight to defeat the firearms facility proposal, so the Miller admitted to having some reservations about his offer. “I’m not the emotional type but, it (selling to Carlson) certainly wouldn’t be my first choice.”

This story first appeared in the InterTown Record newspaper of Sutton, New Hampshire, on Tuesday, February 6, 2018.

 

Advertisements

Warner gun range case still unsettled

Above – Attorney Paul Alfano, representing Norman Carlson of Warner, testifies before the town’s Zoning Board of Adjustment  in the Christmas-themed Town Hall last week. – RC

By Ray Carbone

WARNER – For the third time this year, the town’s Zoning Board of Adjustment voted last week to continue its public hearing on a special exception that would allow a Sutton man to build a $1.4-million indoor gun firing range and retail store on Warner Road nearby exit 7 off I-89.

At its regular town hall monthly meeting Wednesday night, the board primarily heard from attorney Mark Puffer of Concord, who is representing Eric Miller and his company, Dragonfly Ranges of Sutton. The lawyer responded to comments made at the November meeting by Paul Alfano, the Concord lawyer who represents Norman Carlson. Carlson, who is the founder and president of Madgetech, a 60-employee high-tech firm that sits next to the 2.9-acre lot where the proposed firearms facility would be built, has said he may move his operations out of Warner if Dragonfly’s range is constructed adjacent to his plant.

Early in the meeting, Alfano reviewed Carlson’s objections to the gun range site. He said a town zoning regulation that would allow “recreational and other amusements” in the zone where Dragonfly wants to build wouldn’t apply to its plans. “If you look at a common sense reading (of those terms),” he said, “it does not include this.”

Alfano also said that the gun facility would not meet a requirement that it be “desirable” in the neighborhood, based on the large number of area residents who have voice opposition to the project. And there are still unanswered questions related to its possible impact on nearby property values, ambient noise, and environmental issues, the attorney added.

‘This is not a referendum on firearms, and it’s not a popularity contest. This is a zoning case.’

– Attorney Mark Puffer, representing Dragonfly Ranges

 

“If you vote against this, it doesn’t mean your anti-gun,” Alfano told the board. “It means the application didn’t meet the special exception criteria.”

But Puffer said that Alfano was being somewhat disingenuous about the gun-rights issue. “Remember at the (original) October hearing, the very first thing he said was that ‘Eric Miller did not talk about the elephant in the room, which was that guns kill people,” he recalled, classifying the statement as “incendiary.”

“This is not a referendum on firearms, and it’s not a popularity contest,” Puffer said. “This is a zoning case.”

He noted that proposed Walmart stores are frequently opposed by various members of a community, but the company is allowed to build because its stores meet the zoning requirements.

Puffer also argued that the firing range is allowed as a “recreational” special exception under the town’s zoning regulations. “It’s akin to an indoor tennis facility, a roller-skating rink or an ice skating facility,” he said.

The attorney then disputed Alfano’s claim that noise, pollution and property values issues had not be refuted, stating that Miller had responded to each in paperwork that submitted to the board. And he said that while Miller was at all public hearings, several experts who had filed reports in favor of Carlson’s objections were not. “None of them came here to be questioned,” Puffer told the board.

The ZBA will continue the gun range hearing at its next meeting on Wednesday, January 10 at 7 p.m. in the town hall.

This story first appeared in the InterTown Record of Sutton New Hampshire, on Tuesday, December 19, 2017. 

 

 

Create a free website or blog at WordPress.com.

Up ↑