The town of Hopkinton will be joining MadgeTech Inc. in their injunction against the Warner Zoning Board of Adjustment saying the board should rehear a proposal for an indoor gun range and retail store in Warner.
The decision came during a Hopkinton select board meeting Monday night after more than an hour and a half of debate.
MadgeTech, an abutting business that makes data loggers, is appealing the Warner ZBA’s decision to grant Dragonfly Holdings LLC, who is proposing the range, a special exception to their zoning laws.
MadgeTech argues the board should rehear the case because some abutters, including the state of New Hampshire, were not properly noticed of the proposal. A Merrimack County superior court bench trial on the issue is scheduled for June 26.
The board voted, 4-1, to get involved in the case after most members agreed Hopkinton residents were denied the chance to speak on the gun range in front of the Warner ZBA. The Warner zoning board chose not to rehear the proposal even after the Warner planning board said the project had regional impact a few weeks ago.
By joining MadgeTech’s lawsuit, Hopkinton select board Chairman Jim O’Brien said, the town could potentially change the zoning ZBA’s stance, though he noted a rehearing is not a guarantee the board would find the gun range had regional impact.
In that case, Hopkinton would not be viewed as an abutter and Hopkinton residents might not have the chance to speak in front of the Warner ZBA.
The Warner planning board allowed Hopkinton residents to weigh in on the proposal during a public hearing before reversing its initial decision.
Several Hopkinton residents Monday night spoke in favor of joining the suit, while others were concerned about using the town’s resources to fight a case taking place in another town headed by another entity.
Selectman Steve Lux Jr., who voted against getting involved, said he was hesitant to use the community’s resources when the town will be focusing on economic development in the next year.
“I hate to think of us going through this with our neighbors anytime they want to bring something in,” he said. “If I had any concerns lead would be escaping that building, I would question it, but I don’t feel that way.”
The board has until May 15 to draft written comments to the Warner planning board, O’Brien said. Residents will be allowed to comment on the substance of that letter next week on May 8.