BANKS/SHMID PROJECT SUMMARY
Keep Weare Rural mailed the above postcard to residents of the town of Weare in early March 2024 to help educate and inform the town's voters about a warrant article on the 2024 town ballot that directly threatens the preservation of the rural character of the town. The property designated as lot 123 of tax map 408, known from purchase as the Banks/Shmid parcel, was initially recognized for land preservation in 2011 during an especially active period of farmland protection in the town of Weare. Our Zoning Ordinance reflects the town's interest in agriculture, noting that "Farms and farming shall be encouraged, protected, promoted, and enhanced" (Right to Farm, viewable here). This 137-acre parcel on East Road contains a hayfield, a gravel pit, and woods. The parcel is outlined in yellow on the map shown here. A full timeline of the property is available towards the bottom of this page.
The parcel includes 7.5 acres of agricultural grassland that is continuous with an additional 14 acres, altogether forming a 21-plus-acre hayfield that was already partially under conservation easement. This land conservation project was initiated by Ian McSweeney, a Weare resident and a land preservation specialist, for the Russell Foundation, a non-profit entity that works to promote land conservation in our region. After securing a purchase and sale agreement, the Russell Foundation brought this project to the attention of multiple town entities and requested assistance with project funding.
​
After much back and forth, the purchase of the parcel was made possible through multiple funding sources which ultimately included $180,000 from the Conservation Fund, $155,000 from the Mildred Hall Trust, $200,000 approved by voters in the 2013 town vote, and a $60,000 reduction in price put forth by the seller. These contributions were all made with the understanding that the intent was for the agricultural land to be included under a conservation easement, the gravel pit to be mined and used by the town, and ball fields to be created after the gravel pit mining occurred, following the Bolton Field model. During the 2012-2013 time period, this project received much attention. The Union Leader even wrote a substantial article discussing this project (link and quotes can be found in the timeline farther down this page).
Mr. McSweeney shared an in-depth history of the purchase of this parcel at the October 18, 2023, meeting of Weare's Conservation Commission (viewable here), in response to a proposal for taking the property's hayfield for sports complex development. The documents provided by Mr. McSweeney and his testimony at the meeting showed that the agricultural land was purchased to be put under a conservation easement. Raymond Banks, Sr., the seller, also attended both Conservation Commission and Board of Selectmen meetings to express his concerns with the movement to destroy the agricultural parcel. He also submitted a letter to the residents of Weare that was read at the 2024 Deliberative Session (see letter from Raymond Banks, Sr. here). The tax/property card clearly designates the Banks/Shmid parcel as conservation land (viewable here). The Weare Conservation Commission is the RSA-designated manager of town conservation lands. Proper management of such lands is vital to maintaining Weare's rural character.
​
The town voted to conserve the land in 2013 with the approval of warrant article 29, but the warrant language solely entrusted the Board of Selectmen with the responsibility for completing the easement. The Society for the Protection of NH Forests (SPNHF) spoke with the Conservation Commission after the purchase and then spoke with the Town Administrator. The selectmen never shared a proposed easement nor was the Conservation Commission ever asked to work on the easement. Clearly, the entity authorized by the town vote to convey the easement didn't complete the job with which they were tasked.
At a joint meeting with the Board of Selectmen in April 2023, the Conservation Commission discussed the property at length to ensure that it was open to everyone and that the Conservation Commission would be included in future discussions of mixed-use conservation properties. Discussions regarding ball field usage in town lasted throughout the summer of 2023 between the Board of Selectmen and the Parks and Recreation Commission. This led to a site walk of the Banks/Shmid property with the Board of Selectmen and the Parks and Recreation Commission on September 9, 2023 where using the hayfield for sports fields was discussed for the first time. Unfortunately, the Conservation Commission was not included in these discussions or site walk. It was not until the October 2023 Conservation Commission meeting that the conversion of the hayfield for sports use was first discussed with the Commission, at which point the Commission voted unanimously to support the hayfields remaining as agricultural land. The Board of Selectmen sought legal advice from Town Counsel and before all requested feedback was received from legal, petition articles 25, 26, and 27 had been filed, putting the Conservation Commission on defense. The Conservation Commission then asked the Board of Selectmen to put forward what is now article 24, to see if the town will follow through with the original intent of the 2013 warrant and place a conservation easement on the hayfield.
The Banks/Shmid property was a multi-use purchase that brought many entities (Conservation Commission, Board of Selectmen, Department of Public Works, Agriculture Commission, trust funds, recreational interests, Russell Foundation, Society for the Protection of NH Forests, etc.) together in support of improving the town. Conservation and partners were looking to preserve the hayfield and the woods that slope to the south up towards Mount William. Agricultural lands are a rare and precious commodity. We would do well to keep the only town-owned land in active agricultural use and avoid its development. Now is the time to complete this project and put the land under conservation easement. A YES VOTE ON ARTICLE 24 will forever conserve the town of Weare's only agricultural land holding, thereby helping to keep Weare rural.
TIMELINE & DOCUMENTATION
​
BANKS/SHMID PARCEL ACQUISITION
​
A detailed timeline regarding the acquisition of the Banks/Shmid parcel is shown below. Take a look at the primary documents and educate yourself on the discussions that ensued.
​
7/8/2011 - Option to Purchase signed
Click to View Original Document
On July 8, 2011, an Option to Purchase between the Russell Foundation and the Alma Shmid Trust, Ray Banks Trustee was signed. The key objective of this was to assign the land to the town of Weare. Note the original purchase price was 129.8 acres for $600,000.
ï‚·The green highlighted parcel in the map following the option to purchase shows additional acreage to be added (this is the current 7.49-acre hayfield portion) which brings the total to 137 acres.
​
11/1/2011 - ZBA Public Hearing, re. lot line adjustment presented by Ian McSweeney
Click to View Hearing Minutes
A ZBA Public Hearing was held regarding a variance for a lot line adjustment. This enabled 7.49 acres of open field (the hayfields) to be included with the proposed conservation land to be sold to the town.
​
12/14/2011 - Conservation Commission Meeting, re. Ian McSweeney of Russell Foundation requesting financial support
Click to View Meeting Minutes
The Conservation Commission initially pledged $20,000 from the Conservation Fund to the project.
9/17/2012 - Board of Selectmen Meeting Public Hearing, re. Banks/Shmid, etc.
Click to View Hearing Minutes
The Board of Selectmen held a public meeting regarding the project. The Farmland and active agriculture was emphasized, and recreational fields were noted as a secondary interest. There was ï‚·mention of 15-20 acres set aside for athletic fields and that the best location for such would be in gravel pits after the pits were mined and the land was reclaimed. "Vice Chairman Butt said that the Board is not saying they will not retain the gravel, but once reclaimed they could build the ball field on that location."
​
10/10/2012 Conservation Commission Meeting, re. conservation land project
Click to View Meeting Minutes
The Conservation Fund pledge to purchase increased from $20,000 to $50,000.
11/5/2012 Board of Selectmen Meeting Public Hearing, re. Purrington Conservation Easement
Click to View Hearing Minutes
Discussion regarding preserving land for agricultural use. This is an unrelated parcel, but shows the town's interest in conserving agricultural land during this time period.
12/31/2012 Town Annual Report, re. Banks/Shmid
Click to View Annual Report
In the 2012 Annual Report, there was no mention of this project by the Board of Selectmen. The Conservation Commission's report mentioned the purchase of conservation easement on a farm for agricultural preservation. Parks and Rec Commission noted athletic field shortages and overuse of fields.
1/9/2013 Conservation Commission Meeting noted that BOS developing Banks/Shmid warrant article
Click to View Meeting Minutes
Discussion regarding the development of Banks/Schmid warrant article.
1/21/2013 Board of Selectmen Meeting, re. warrant
Click to View Meeting Minutes
Article 30 (subsequently revised to Article 29) includes the designation of 20 acres for gravel pit and recreation fields.
2/2/2013 Deliberative Session (first part of Town Meeting) comments re. Article 29
Click to View Deliberative Session Minutes
Article 29 gives the BOS the authority to convey the conservation easement in order to "protect the rural character and natural resources of the Town". At the 2013 Deliberative Session, it was noted that the conservation easement will allow agriculture or forestry with passive recreation.
​
2/13/2013 Conservation Commission Meeting, member report re. deliberative session
Click to View Meeting Minutes
As noted in the meeting minutes, there were no objections made to Article 29 during the Deliberative Session.
​
3/8/2013 Union Leader article
Click to View Published Article (the full article is behind a paywall)
As noted by journalist Nancy Bean Foster in an article published in the Union Leader, “The land includes 117 acres of scenic agricultural fields and forest, all of which will be placed in conservation easement and remain undeveloped.”
The article also states that "The land will serve not only as open space, but as a place for passive recreation like hiking, active agricultural and forestry opportunities, scenic benefits along the East Road Agriculture corridor and educational opportunities...".
Ms. Foster finishes the article with this: "According to McSweeney, the land will be named in memory of landowner Alma Schmid, who died a few years ago. Schmid had a keen appreciation for the scenery on her property and it was her dream to see it stay that way forever. In keeping with that dream, her longtime partner, Ray Banks, is placing the land in conservation easement so the property is never developed and always retains its natural grace."
​
3/12/2013 Second part of Town Meeting – Annual Town Election
Article 29 with conservation easement requirement and gravel/recreational fields exclusion passed 774 to 547 votes.
​
3/25/2013 Board of Selectmen Meeting, re. Banks/Shmid
Click to View Meeting Minutes
Discussion regarding agricultural use and haying approval.
​
8/14/2013 Conservation Commission Meeting, re. project funding concern
Click to View Meeting Minutes
The Town Administrator, BOS, and seller are very concerned about project funding and timing. The Conservation Commission commits an additional $130,000 to the purchase from the town’s Conservation Fund, bringing their committed total to $180,000. The property, with the exclusion of gravel pit/recreation field, is to be managed by the Conservation Commission as conservation land.
​
9/11/2013 Conservation Commission Meeting, re. project status
Click to View Meeting Minutes
The minutes show clarity that the Conservation Commission intends for the agricultural lands (hayfield) to be preserved. Purchase lead transitioned from the Russell Foundation to the Society for the Protection of New Hampshire Forests (SPNHF).
​
11/12/2013 PARC Meeting, re. East Road property
Click to View Meeting Minutes
According to meeting minutes, “Jim L. did a walk thru of the East Road property. There are some large pits in the area where the field will go, but the excavators did not think this would be a problem. Mike Dahlberg has offered to create a plan/layout of the fields for PARC. The town plans to remove gravel from this area, so work on the fields can not begin until the town is done using the pit/removing the gravel.”
​
12/2/2013 Conservation Commission Meeting with concurrent BOS Meeting
Click to View Meeting Minutes
At this joint meeting between the Conservation Commission and the Board of Selectmen, BOS “Chairman Clow confirmed the understanding that the existing hayfields are to remain in agricultural use.”
​
12/2/2013 Board of Selectmen Meeting, re. discussion of East Road property
Click to View Meeting Minutes
In meeting minutes, it is noted that Chairman Clow stated “Ball fields may be challenging to develop on that lot.” Steve Najjar commented that Conservation Commission funding stipulated that the parcel is to be conservation land managed by the Conservation Commission.
​
12/31/2013 Town Annual Report, re. Banks/Shmid
Click to View Annual Report
In the 2013 Annual Report, The Board of Selectmen noted that “farmland” and forest will be put into conservation. The Conservation Commission discusses field and forest value, as well as eventual recreation field development in the reclaimed gravel pit. PARC notes that they are excited by the prospect of additional ball fields at East Road.
​
1/8/2014 Conservation Commission Meeting Public Hearing, re. parcel purchase
Click to View Hearing Minutes
The Conservation Commission held a public meeting regarding the expenditure of $180,000 from the town’s Conservation Fund (filling much of the agriculture grant deficit). It was stated that this was subject to conservation easement. It was stated that the Conservation Commission was to be the property manager except for the recreation field/gravel pit.
​
2/12/2014 Conservation Commission Meeting, re. member Wendy Stevens’ (also of Agriculture Commission) report
Click to View Meeting Minutes
Ms. Stevens emphasized the condition and future of the hayfield.
​
3/12/2014 Conservation Commission Meeting, re. review of proposed Banks/Shmid deed
Click to View Meeting Minutes
At this meeting, it was noted that it was important to the Conservation Commission that the land would be purchased “acting through the Conservation Commission” as the first draft of the deed language originally indicated. It was mentioned that 20 acres need to be subdivided out and that “Interior” exclusion has to be shown on maps.
​
4/9/2014 Conservation Commission Meeting with Cooperative Extension specialist
Click to View Meeting Minutes
A specialist was invited by member Stevens (also of the Agriculture Commission) and addressed hayfield condition and management.
​
4/21/2014 Signing of Banks/Shmid parcel deed
Click to View Property Deed
The deed was signed on April 21, 2014, by Thomas Clow on behalf of the Board of Selectmen and Andrew Fulton on behalf of the Conservation Commission.
​
​
4/21/14 Board of Selectmen Meeting, re. closing papers
Click to View Meeting Minutes
Noted that the purchase was a “bargain sale” at $540,000, which indicates the sale price was below full value ($60,000 less than the price in the Purchase and Sale). According to the seller, the reason it was below full value was to ensure the preservation of the hayfield.
​
7/9/2014 Conservation Commission Meeting, re. hayfield
Click to View Meeting Minutes
Discussion regarding active haying of the field.
​
8/13/2014 Conservation Commission Meeting, re. project status
Click to View Meeting Minutes
A project status update was given noting that the Conservation Commission was waiting on the BOS for a conservation easement to be developed. It was also noted that the hayfield was being actively mowed.
​
12/31/2014 Town Annual Report re. Banks/Shmid
Click to View Annual Report
In the 2014 Annual Report, The Board of Selectmen noted the value of preserving rural environment with acquisitions and easements such as along East Road, and that we will continue to see East Road in the future much as it is today.
ï‚·
The Conservation Commission report stated that the parcel purchase is completed, under CC management except for gravel pit and athletic fields. PARC makes no mention of the project.
​
4/8/2015 Conservation Commission Meeting, re. conservation easement
Click to View Meeting Minutes
Brian Hotz of SPNHF was a meeting guest and spoke on easement status. “Donut hole” was mentioned, indicating easement exclusion area (gravel pit and recreational fields) doesn’t include the hayfield but is to be located somewhere towards the middle of the property.
​
6/10/2015 Conservation Commission Meeting with Brian Hotz in attendance again
Click to View Meeting Minutes
Discussion continued and was stated that they were awaiting feedback from the town regarding surveying and easement language. In addition, there was a discussion of hayfield management options.
​
9/9/2015 Conservation Commission Meeting, re. further expenditure from town’s Conservation Fund
Click to View Meeting Minutes
At this meeting, the Conservation Commission agreed to repay Russell Foundation’s bridge loan from the Conservation Fund. In addition, the Emma Sawyer Trust retains their pledge of $5,000 towards the eventual conservation easement.