Warner Town Clerk

PO Box 265         5 East Main Street                            Office Hours: Mon,  Wed,  Thurs,

Warner   New Hampshire       03278                                             8:00 – 3:00 PM

Phone: (603) 456-2298   Ext-5    Fax:  (603) 456-3576             & Tues  8:00 – 6:00 PM

MARCH 9, 2010

TOWN OF WARNER ELECTION RESULTS

ARTICLE 1   To choose Town Officers for the ensuing year. 

For Selectman For Three Years                                    Wayne Eigabroadt                    209

David Hartman                         318 *

For Town Treasurer For Two Years                             Gail Holmes                              471

For Moderator For Two Years                                     Raymond F Martin                   497

For Supervisor of the Checklist For Six Years               Kathleen Carson                       492

Budget Committee for Three Years                               Michael D Cutting                     418

Kimberley Brown Edelmann     396

Budget Committee for One Year                                   Paul DiGeronimo                      454

Chandler Reservation Committee For Four Years         Gerald B Courser                     510

Trustee of Pillsbury Free Library For One Year             Stephen Trostorff                      478

Trustee of Pillsbury Free Library For Three Years         Linda Hedrick                           443

Laura Milliken                           435

Joan B Warren                         423

Trustee of Town Cemeteries For Three Years               Mary E Cogswell                     454

Donald H Wheeler                    446

Trustee of Trust Funds For Three Years                        Dianne M Bischoff                    451     

Trustee of Trust Funds For Two Years                         Stephen Trostorff                      457     

Almoner of Foster & Currier Funds, Three Years          Allan N Brown                         473

   Note: * Elected to the Position    

ARTICLE 2                PASSED                     YES  317         NO 197

Are you in favor of the adoption of Amendment No. 1 as proposed by the Planning Board to insert Article XIV-A, Workforce Housing Overlay District into the Zoning Ordinance in response to RSA 674:58-61 which mandates Workforce Housing Requirements for all communities?  A full version of this Amendment is posted in the Town Hall and was presented at a public hearing.  

REASONING:  If Amendment #1 is not passed, the state law is still in effect and the Planning Board will not have local guidance for implementation. This Amendment responds to a new state law mandate (RSA 674:58-61) to provide reasonable and realistic opportunities for the development of Workforce Housing in a majority of the land area zoned to permit residential uses. The proposed Workforce Housing Overlay District allows for a mix of Workforce Housing types within the B-1, R-1, R-2, and R-3 Districts, as well as parts of the OC-1 District as shown on the Workforce Housing Overly District Map dated March 9, 2010.The proposed ordinance provides that the Planning Board may approve one or more incentives including a density increase, reduction to lot size, road frontage decreases, reduction in setbacks and open space reduction, and waiver of application fees only if the applicant demonstrates the Town’s land use ordinances and regulation induce a cost prohibitive Workforce Housing project.    

ARTICLE 3                PASSED                     YES 363          NO 161          

Are you in favor of the adoption of Amendment No. 2 as proposed by the Planning Board  by deleting the current Building Code Ordinance as written and inserting thereof the proposed Building Code Ordinance in order to comply with the State Building Code RSA 155-A, other life safety measures, and specific local requirements? A complete version of the proposed Building Code Ordinance is posted in the Town Hall and was presented at a public hearing.  

REASONING: The purpose of  amendment #2 is to bring the existing Building Code in compliance with the State Building Code Chapter 155-A and make house-keeping revisions.  By law, the State Code is in currently in effect in Warner.  The Town’s Building Code refers to Codes and References that are out of date.  The minimum area of a dwelling remains at 500 square feet but is proposed to be the minimum on one level instead of on only the ground level; Warner’s egress requirements for 2 egress points were clarified to be remote from each other; the Selectmen were given the responsibility to appoint an Inspector and set fees; and Articles were renumbered as appropriate.             

ARTICLE 4                PASSED                     YES 367          NO 147

Are you in favor of the adoption of Amendment No. 3 as proposed by the Planning Board to revise Article XVII, Board of Adjustment Section D Hardship Requirements for a Variance of the Zoning Ordinance in order to comply with State Law RSA 674:33?  A complete version of the proposed changes is posted in the Warner Town Hall and was presented at a public hearing.  

REASONING: The purpose of amendment #3 is to respond to state law which has revised the language for determining “hardship” in cases seeking a variance from zoning ordinances. The law went into effect in January 1, 2010 .  The RSA consolidates the former “Use” and “Area” variance types of hardships into one “hardship” category. Some of the existing wording in section D was unchanged but was reorganized to be consistent with the State law format.  

ARTICLE 5            PASSED                     YES  360         NO 148

Are you in favor of the adoption of Amendment No. 4 as proposed by the Planning Board to revise the Zoning Ordinance Article XIV Open Space Development minimum acre requirements as follows?  

For District OC-1 change 12 acres in the text to 15 acres and in the corresponding table change 20 acres to 15 acres so they are in agreement. For District OR-1 change 15 acres in the text to 20 acres to be in agreement with the 20 acres amount existing in the corresponding table.  Full text of the proposed revisions is posted in the Warner Town Hall and has been presented at a public hearing.

 

REASONING:  The purpose of this amendment is to correct typographical errors created when the Town approved the Open Space Development Article in 2005.  The revised acreage amounts are consistent with the Planning Boards best understanding of the original intent of the Article. Passage of this Amendment will eliminate confusion of the lot size required prior to implementation of the Open Space Development ordinance.  

ARTICLE 6                PASSED                     YES 322          NO  205

Are you in favor of the adoption of Amendment No. 5 as proposed by the Planning Board to amend the Zoning Ordinance as follows:  This proposed change was presented at a public hearing.  

            ARTICLE IV – GENERAL PROVISIONS Section I. Height Regulations:           

No structure shall exceed 35 feet in height except 45 feet in height is allowed in the C-1 and B-1 Districts unless approved by the Board of Adjustment. The Board …..  

REASONING:   The purpose of amendment #5 to increase the allowable height of structures from 35 feet to 45 feet in Commercial and Business Districts is designed to be less restrictive, while also providing an opportunity for new and additional businesses to locate in Warner. The Fire Department has assured us they are equipped to handle incidents at these heights and they support the amendment. Under current building codes and under current plan review by Fire Department inspectors adequate fire detection and suppression systems would also be required for new construction and for expansion of existing construction.     

ARTICLE 7                PASSED                     YES  323         NO  190

Are you in favor of the adoption of Amendment No. 6 as proposed by the Planning Board to amend the Zoning Ordinance as follows?   This proposed change was presented at a public hearing.   

ARTICLE X - BUSINESS DISTRICT B-1 Section F:  Change the maximum gross floor area of buildings as permitted in this District and included in TABLE 1 of the use regulations from 2,000 square feet to 4,000 square feet and to read as follows:  

The maximum gross floor area shall be 4,000 square feet for new construction as permitted in Table 1 of the Use Regulations. Existing buildings may be expanded to include a total of 4,000 square feet.  Adequate parking must be provided.           

REASONING:  The purpose of amendment #6 is to provide for additional business opportunity and growth while maintaining reasonable building sizing and also to help address the parking needs of the B-1 District.      

 

ADJOURN TO WEDNESDAY MARCH 10, 2010 @ 7:00 P.M.

TOWN OF WARNER ANNUAL MEETING

MARCH 10, 2010

 

Moderator Raymond Martin opened the Wednesday, March 10, 2010, Town of Warner Annual Meeting at 7 o’clock PM. Jeffrey Karls, President of Magdalen College, gave an invocation which was followed by the Pledge of Allegiance and the Moderator’s reading of the Tuesday, March 9, 2010 Officials, Zoning and School Election results.   

Selectman David Hartman read from the 2009 Town Report which was dedicated to Warner resident David Carroll, naturalist, artist and writer. Mr. Carroll thanked the townspeople for the honor.  Selectman Chairman David Karrick summarized  many 2009 Town projects, some completed and some still in process and touched on some 2010 goals.  Budget Committee Co-Chairman, Michael Cutting, presented a Power Point presentation on the proposed 2010 Town Budget.    

Before proceeding to the first Article of the night, Moderator Martin went over the rules of the meeting.       

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.  

ARTICLE 8    PASSED

Shall the Town raise and appropriate the sum of $ 2,842,824.00 (Two Million Eight Hundred Forty Two Thousand Eight Hundred Twenty Four Dollars) as a 2010 Operating Budget?  This amount does not include amounts from any other warrant articles.  (Recommended by the Board of Selectmen; Recommended by the Budget Committee)  

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.   

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed. 

ARTICLE 9    PASSED

Shall the Town raise and appropriate the sum of $15,000.00 (Fifteen Thousand Dollars) to add to the already established Police Department Vehicle Capital Reserve Fund? (Recommended by the Board of Selectmen; Recommended by the Budget Committee)  

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.   

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

ARTICLE 10    PASSED

Shall the Town raise and appropriate the sum of $20,000.00 (Twenty Thousand Dollars) to be added to the Conservation Fund in accordance with RSA 36-A:5, III as an additional source of revenue for the purpose of conserving open land in Warner? (Recommended by the Board of Selectmen; 4-4 split vote by the Budget Committee)  

James Gaffney made a Motion

To Amend Article 10 to read that if Passed, the requested sum of $20,000will only be appropriated if other parties involved in the Gore Project receive their requested funds.     Motion Seconded.   

Discussion continued.

Move to Question on the Amendment. Voice Vote.  All in Favor.

Voice Vote to Amend Article 10. 

Amendment Failed.  

MOTION to Move the Question on Article 10 as originally presented.

Voice vote,  All in Favor.

Request for Paper Ballot made with 10 supporters.

Moderator explained the procedure for voting by Paper Ballot.

Discussion was stopped during voting.  It was resumed after the last resident voted and while the ballots cast were counted.   

Article 10  PASSED     YES  107         NO 70  

Selectman Chairman David Karrick made a Motion

To Restrict Reconsideration on Articles 8 and 9.  Motion Seconded. 

Voice Vote.  All in favor.

Motion Passed.  

 

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

ARTICLE 11  PASSED

Shall the Town raise and appropriate the sum of $200,000.00 (Two Hundred Thousand Dollars) to be added to the already established Highway Road Construction Capital Reserve Fund?   (Recommended by the Board of Selectmen; Recommended by the Budget Committee)

 

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.   

 

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

ARTICLE 12  PASSED

Shall the Town raise and appropriate the sum of $50,000.00 (Fifty Thousand Dollars) to be added to the already established Highway Equipment Capital Reserve Fund? (Recommended by the Board of Selectmen; Recommended by the Budget Committee)

 

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor. 

John Dabuliewicz made a Motion

To Restrict Reconsideration on Articles 10, 11 and 12.  Motion Seconded. 

Voice Vote.  All in favor.

Motion Passed.

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

ARTICLE 13  PASSED

Shall the Town raise and appropriate the sum of $30,000.00 (Thirty Thousand Dollars) to be added to the already established Property Revaluation Capital Reserve Fund? (Recommended by the Board of Selectmen; Recommended by the Budget Committee)  

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.   

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

ARTICLE 14  PASSED

Shall the Town raise and appropriate the sum of $5,000.00 (Five Thousand Dollars) to be added to the already existing Exit 9 Improvements Capital Reserve Fund? (Recommended by the Board of Selectmen; Recommended by the Budget Committee)  

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

 

ARTICLE 15  PASSED

Shall the Town establish a Capital Reserve Fund for the purpose of installing Dry Hydrants and to raise and appropriate the sum of $25,000.00 (Twenty Five Thousand Dollars) to be added to that fund and to appoint the Board of Selectmen as agents to expend? (Recommended by the Board of Selectmen; Recommended by the Budget Committee)  

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.

Richard Senor made a Motion

To Move Articles 19 and 20 to be considered next.  Motion Seconded. 

Explanation from Mr. Senor.

Voice Vote.  Nays in the Majority. 

Motion Failed. 

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

ARTICLE 16  PASSED

 

Shall the Town raise and appropriate the sum of $50,000.00 (Fifty Thousand Dollars) to be added to the already established Bridge Replacement & Maintenance Capital Reserve Fund? (Recommended by the Board of Selectmen; Recommended by the Budget Committee)  

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.   

 

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

ARTICLE 17  PASSED

Shall the Town raise and appropriate the sum of $37,500.00 (Thirty Seven Thousand Five Hundred Dollars) for the purpose of purchasing emergency generator(s)?  (Recommended by the Board of Selectmen; Recommended by the Budget Committee)

 

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.

Edward Mical made a Motion

To Restrict Reconsideration on Articles 13, 14, 15, 16 and 17.  Motion Seconded. 

Voice Vote.  All in favor.

Motion Passed.

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

ARTICLE 18  PASSED

Shall the Town raise and appropriate the sum of $50,000.00 (Fifty Thousand Dollars) for the purpose of Town Hall Roof Repairs?  (Recommended by the Board of Selectmen; Recommended by the Budget Committee)  

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

ARTICLE 19  PASSED

Shall the Town raise and appropriate the sum of $376,541.00 (Three Hundred Seventy Six Thousand Five Hundred Forty One Dollars) for the purpose of purchasing a pumper truck for the Fire Department.  Of that sum, $357,713.00 (Three Hundred Fifty Seven Thousand Seven Hundred Thirteen Dollars) to come from a fire grant and to authorize the Board of Selectmen to withdraw $18,828.00 (Eighteen Thousand Eight Hundred Twenty Eight Dollars) from the Fire/Rescue Vehicle Capital Reserve Fund for the remainder? (Recommended by the Board of Selectmen; Recommended by the Budget Committee)  

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.   

 

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

ARTICLE 20  PASSED

If the grant in Article 19 is not received by July 1, 2010, shall the Town vote to authorize the Selectmen to enter into a 15-year lease purchase agreement containing a non-appropriation clause, in the amount of $376,541.00 (Three Hundred Seventy Six Thousand Five Hundred Forty One Dollars) for the purpose of purchasing a pumper truck for the Fire Department and to raise and appropriate the amount of $15,860.00 (Fifteen Thousand Eight Hundred Sixty Dollars) for the first six months of payments for that purpose? (Recommended by the Board of Selectmen; Recommended by the Budget Committee)

 

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.

Edward Mical made a Motion

To Restrict Reconsideration on Articles 18, 19 and  20.  Motion Seconded. 

Voice Vote.  All in favor.

Motion Passed.

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

ARTICLE  21  PASSED

Shall the Town vote to take ownership of and accept responsibility for the care and maintenance of the Pine Grove Cemetery ?  The Pine Grove Cemetery Trust Fund will be used only for this purpose. (Recommended by the Board of Selectmen; Recommended by the Budget Committee)

 

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.   

 

Article read by Moderator.  Motion made and seconded for discussion.  Discussion followed.

ARTICLE 22  PASSED

Shall the Town vote to discontinue completely and absolutely and return to the abutters; a section of the former location of Newmarket Road , namely the following described portion:

            Beginning at a point between Lots 19 and 20 where the former location of Newmarket Road meets the present location of Newmarket Road across from the junction of Horne Street; thence proceeding generally westerly along and through Lots 20, 19, 18-4, 18-3, 18-2 and 18 of said former location approximately 1900’ to a point known as Lot 18, the point at which the former location meets the present location of Newmarket Road.  All lots are on Tax Map 12.  (By Petition)

 

MOTION to Move the Question.  Voice vote,  All in Favor.

Voice Vote on the Article as presented.  All in Favor.   

Article read by Moderator.  No Motion made to open up a discussion.  Article 23 Passed Over.

ARTICLE 23              PASSED OVER

Shall the Town vote to change the current Class VI Road Policy in regards to the construction of any structure or placing thereof on any tract of land situated on Class VI Roads to be:

            Regulated the same as all other roads in Warner in compliances with all building codes, permits and rules with the following exception:

            The property owner shall acknowledge and sign a hold harmless affidavit to be attached to the deed recorded at the Merrimack Registry of Deeds that town road and emergency services will not be provided by the Town until the road is brought up to Class V specifications at the property owners expense.  The Town is protected from liability according to NH RSA 674:41, II.  (By Petition)  

Article read by Moderator. 

ARTICLE 24 

To transact any other business that may legally come before the meeting.  

Hearing no Motion to discuss other business, Moderator accepted a Motion to Adjourn.

Motion Seconded. 

Meeting Adjourned at 9:40 PM .

 

 

Respectfully Submitted,    

Judith A. Newman-Rogers

Warner Town Clerk