SEABROOK — A citizen's petition intended to reverse a fireworks ban on private property in the Seabrook Beach Village District was nullified by voters at Tuesday night's deliberative Town Meeting.
By a secret ballot vote of 34 to 19, an amendment effectively rendering the fireworks article useless was approved.
Beach property owner Tom O'Hara filed the citizen's petition soon after selectmen on Dec. 7 approved a ban on fireworks displays on private property in the Beach Village District. The ban does not restrict fireworks displays on private property elsewhere in town.
O'Hara, who wanted the ability to shoot off fireworks at his beach property, was not at Tuesday night's deliberative session to respond to beach resident Dick Maguire's amendment to his citizen's petition.
Maguire's amendment changed the wording in the petition to exclude fireworks displays in the Seabrook Beach Village District. Maguire told attendees that selectmen had approved the ban in December for no other motive beyond safety.
"This is not about the beach district versus (the rest of) the town of Seabrook," Maguire said. "This is an issue of safety ... safety of the individual and safety of property."
In the beach enclave, homes are built within 8 feet of the property line, Maguire said. That's too close when fireworks rockets are shot off, with their fiery embers coming down on roofs and in the dune grass, he said.
Fire Chief Jeff Brown backed the fireworks ban on private beach property, strictly for fire safety reasons.
Fireworks have been known to ignite dune grass fires, Brown said. While no property on the beach has burned down due to fireworks going astray, there have been some close calls, he said.
"I'm not anti-fireworks; I'm pro-safety," Brown said. "No, there hasn't been a (house) fire yet. But, I'm not one to want to say, 'See, we had a fire; I told you it would happen.'"
Selectman Bob Moore, who had a similar reason for supporting the ban at the beach in December, spoke in favor of Maguire's amendment Tuesday night.
"I don't want to sit there after someone's house burns down or someone's really injured (and know that) I could have done something (to prevent it)," Moore said.
Brown, who is also an attorney, told voters that dozens of beach residents came forward to ask selectmen to institute the ban, and that, in itself, was remarkable.
"This is a unique situation in government," Brown said. "Residents from a portion of this community have willingly asked for a restriction of their property rights. That's almost unheard of. People don't usually do that."
With the passage of Maguire's amendment, it makes no difference if Town Meeting in March approves Article 37. Either way, the ban on fireworks displays on private property in the Beach Village District will remain.
However, with or without the ban on private property, fireworks displays are not allowed on town property in Seabrook, including on the beach itself.
