Members Present: Nancy Martin, Linda Conners, James McLaughlin, John Brayshaw, Barbara Annis, Theodore Young, Andrew Serell

Members Absent: none

Alternates Present: Cynthia Dabrowski, Derek Pershouse, Mark Lennon, Russ St. Pierre

Alternates Absent: none

Presiding: Nancy Martin

Recording: Virginia Brayshaw

Roll Call -- all members, all alternates (a quorum) present

Minutes: October minutes accepted

Additions: under Communications & Miscellaneous: (after II)

II A: PB Protocol and Changes needed

1. Michael Sailer, Mason Hill Road, 2 lot subdivision

Mr. Sailer presented a revised plan for a subdivision (changed from 3 lots to 2 lots in order to accommodate wetlands area). The subdivision is in the R3 zone. Mr. Sailer has obtained a State Approval for Subdivision. Mr. Sailer intends to build on the newly created lot. The Board advised Mr. Sailer that the setbacks need to be shown on lot 1, the proposed building lot. Mr. Sailer will return with an application in order to appear before the Board at the February 5, 2001 meeting.

2. R. C. Brayshaw & Company, Inc., Newmarket Road, 2 lot merger to be presented by Doug Sweet of Bristol & Sweet.

Notice of Voluntary Merger: The lot is at the eastern end of Waterloo Road, near exit 9. Mr. Brayshaw has proposed merging lots 4 and 5. Lot 5 is partially in the Residential 2 Zone and partially in the Commercial Zone. Mr. Brayshaw proposes to use the resulting lot as a commercial property with a hip roofed 60’ x 100’ cedar shingled building not dissimilar to the present R. C. Brayshaw printing company.

Motion to approve the Voluntary Merger made by Mr. McLaughlin. Second by Mr. Serell.

Mr. Brayshaw read RSA 674.39-A in order to illustrate that this merger would be permissible according to this statute.

The Chair called for a vote: There were no opposing votes. Mr. John Brayshaw recused himself from the vote. The merger was approved.

III. Continue Public Hearing from December 4, 2000

2 Lot Sub-Division 52.4 +/- acre property owned by Richard & Alice Rolfe, located at 349 Route 103 East, Warner, NH, 03278, Map 7, Lot 31-1, Residential Zone R2. Proposing creation of 2 lots Lot 1 -- 35+/- acres; Lot 2 -- 17.4+/- acres.

1. Review Application Accepted 12/04/00

Mr. McLaughlin, Mr. Young, Ms. Conners, Ms. Annis, Mr. St. Pierre, performed a Site Walk on December 16 to better ascertain whether there is enough dryland to meet the regulations of the Town. There was concern about the cutting of a large amount of vegetation leading down to the river contrary to the Shoreline Protection Act. There was also concern about the 2 acre requirement for the R2 Zone and whether or not it would be acceptable to have non-contiguous dryland making up that parcel. Additionally there was some concern about the driveway coming down from the higher level of Route 103, the alternative of obtaining a right of way to move the driveway onto the old roadbed for Route 103 was discussed.

Mr. Young reiterated that there was enough area to support the building proposed, and that the lot was technically large enough according to the written requirements.

1. Closed Meeting/Opened Public Hearing

Alice Chamberlain: Density of the various districts is not intended to encourage individuals to crowd as much as possible onto the smallest parcel possible, but to have a modicum of space for each different level of zoning.

Mr. Young: Density is addressed in 12.9 acres

2. Closed Public Hearing/Re-opened Meeting

Mr. McLaughlin proposed that the Board offer a condition of approval: That there be no cutting on the new lot from the top of the 1st embankment before going down to the railroad cut and back up-slope, in order to compensate for the cutting done on the balance of the lot and to bring the situation into closer compliance with the State law. The reasoning behind this is that the steepness of the bank requires protection from erosion.

The suggestion was discussed and amended to: Conform with the Shoreline Protection Act by not cutting more than 50% within 150’ of the River and additionally no vegetation is to be cut from the railroad bed to the river.

Mr. McLaughlin made a motion to approve the subdivision with the condition stated above. Motion seconded by Mr. Young.

The penal nature of the condition was discussed, versus its intent as a compensatory concession.

Mr. St. Pierre asked if the condition would be included on the Deed. The Board decided that it should be shown on the Mylar map as a line of demarcation as well as in verbiage on the map. Also Mr. St. Pierre questioned how this might be enforced.

The Chair asked for a vote: there were 4 votes in favor and 2 opposed.

The subdivision was approved with the condition that the property be kept in conformation with the Shoreline Protection Act by not cutting more than 50% within 150’ of the River and additionally no vegetation is to be cut from the railroad bed to the river.

The existing lot line to be moved by 4 feet, creating a 6,000 sq. ft. increase for Warner Power (0.14 acre).

The lots abutting will continue to conform to the current zoning, as will the Warner Power lot. No lots will be changed appreciably by this lot line adjustment.

This will be on the agenda for February 5, pending receipt of a formal application for a lot line adjustment.

"Fast Food or Drive-in Restaurant" means an establishment whose principal business is the sale in disposable packaging of already prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises. Neither a delicatessen with twelve or fewer seats nor a bakeshop with eight or fewer seats shall be construed to be a "fast food restaurant".

"Formula Business" means a business that is required by contractual or other arrangement to maintain any of the following: standardized services, decor, uniforms, architecture, signs or other similar features. This shall include but not be limited to retail sales and service, visitor accommodations, wholesale and industrial operations.

“Formula Restaurant” means a restaurant devoted to the preparation and offering of food and beverage for sale to the public for consumption either on or off the premises and which is required by contractual or other arrangement to offer any of the following: standardized menus, ingredients, food preparation, decor, uniforms, architecture or similar standardize features.

"Gross Floor Area" means the sum of the horizontal area of the floor or floors of a building as measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings, but not to include attached or built in garages, porches or terraces, or unfinished floor area, including attics, having a clear head room of less than seven (7) feet.

"Minimum Buildable Lot Area" means the minimum size lot allowed in a particular zoning district. For purposes of subdivision the minimum buildable lot shall be one continuous piece of land and no land described as follows, shall be counted toward the required minimum buildable lot area;

a. Land designated as Flood Plain or shown to be bog, marsh, swamp area, area of high water table (within four feet of the surface) or any similar situations;

b. Areas necessary for the protection of aquifers and aquifer recharge areas, including those areas and watersheds of areas that have been designated as potential future sources of drinking water for the Town;

c. Land with slopes in excess of twenty-five percent (25%) or with ledge that is exposed or lying within four (4) feet of the soil surface;

d. Areas which are subject to an easement or a right of way in favor of the Town, County, State or Federal Government or any third party;

e. Any land covered by any soils listed as Groups 5 and 6 by NHDES Subsurface Systems Bureau.

Section J

Revise to allow "minimum vegetation” not “maximum.”

Add Sections

E. Careful review of both site and architectural elements is intended in this and other commercial districts to enhance the overall quality of site development and to promote architectural design that is compatible with the overall character of the Village and Town of Warner

F. The maximum gross floor area for shops, restaurants, and other retail establishments shall be 2000 square feet for new construction. Existing structures may be expanded by a maximum of 1000 square feet.

G. The standard design package for any formula business or formula restaurant shall be subject to modification to comply with the architectural and site plan standards of the Town of Warner so as to achieve the community's land use and design objectives as set forth in the Master Plan and incorporated in the Site Plan Review Regulations.

Add the following words to the first paragraph which describes a Commercial District.

It is important to the economic success of Warner that the appearance of the town be perceived as an attractive commercial environment that reflects and compliments its heritage. Restrictions on building height and lot coverage, coupled with careful review of both site and architectural elements during site plan review, is intended to promote a scale and quality of development compatible with the rural character of the community.

Add the following sections

F. The maximum gross floor area for shops, restaurants, and other retail and service establishments shall be 20,000 square feet. Where more gross floor area is required, multiple buildings may be grouped on the same lot up to a maximum of 40,000 square feet.

G. The inclusion of accessory recreational facilities or similar amusement areas, including tot lots, video games and the like, as part of a restaurant, shall be strictly prohibited.

H. No fast-food or drive-in- restaurant shall be located on a site, lot or parcel within two thousand (2,000) feet of any other site, lot or parcel occupied by another fast-food or drive-in restaurant, with such distance measured along and/or across one (1) or more public highway rights-of-way.

I. The standard design package for any formula business or formula restaurant shall be subject to modification to comply with the architectural and site plan standards of the Town of Warner so as to achieve the community's land use and design objectives as set forth in the Master Plan and incorporated in the Site Plan Review Regulations.

Overall description--remove last sentence and make that now #4

Add--A. General Standards. Any sign or use of signs shall conform to the following general standards.

Add #1 All signs shall be constructed and maintained in full compliance with the building code and the electrical code.

Change formerly C to #2, change formerly F to #3, change formerly B to #5,change formerly H to #6, change formerly I to #7 and change formerly J to #8.

Change section D to B and change verbiage as follows: In OC-1 and OR-1, or Residential Districts, one sign, not exceeding four (4) square feet in area shall be allowed for each residence: etc

Change section E to C and change verbiage as follows so that it reads non-flashing external illumination

The Chair Closed the Meeting and opened the Public Hearing

Burt Long: Is there a height requirement for signs?

Answer: Yes, 15 feet.

Amy Neisly: Are all fast food restaurants formula restaurants?

Answer: They are not.

The Chair called for further questions from the public. Hearing none the public hearing was closed and the meeting reopened.

Public Hearing Closed and Meeting Re-Opened

Mr. Serell asked what is the problem with video games? Is our intent that any restaurant should not have video games? Discussion covered a former request to install a video game emporium in what is now the Colby Realty office, and some difficulty that was felt from several video games at the local variety store. Also the discussion of the atmosphere the town might want to foster particularly where children are interested.

The Chair Closed the Meeting and Reopened the Public Hearing

Burt Long: Video Games will attract kids to hang out around the game

Alice Chamberlain: You tend to get a number of kids hanging around a game in a restaurant

Public Hearing Closed and Meeting Re-Opened

The Chair asked if there was further discussion from the Board, hearing none asked for a motion to vote on the amendments to the Zoning Ordinance just read. The Chair was asked if the Board would be voting on all of the amendments read. The answer was affirmative.

Mr. St. Pierre stated his objection to the definition of minimum buildable lot area as amended, that it should not state “shall be one continuous piece of land.” As amended the Ordinance makes a judgment and takes away the ability of a governing board to use any judgment on their part.

Mr. Brayshaw disagreed stating that there are certain pieces of land that just are not meant to be built on.

Mr. McLaughlin stated that the new definition seemed too strict. There are pieces of property in town that could support subdivision, but would not be allowed to under the new definition of Minimum Buildable Lot size.

The Chair Closed the Meeting and Re-Opened the Public Hearing

"Minimum Buildable Lot Area" means the minimum size lot allowed in a particular zoning district. For purposes of subdivision the minimum buildable lot shall be one continuous piece of land and no land described as follows, shall be counted toward the required minimum buildable lot area;

The discussion centered on how the definition might be changed to make it less stringent. No decision was reached.

The Public Hearing was Closed and the Meeting Re-Opened

The Chair asked for a vote on the definitions read.

All in favor of voting to accept definitions as defined under Article III:

4 for, 2 opposed, Definitions accepted

All in favor of the amendment to General Provisions Article IV Section N

None opposed, amendment accepted

All in favor of the amendments to Article X Business District

None opposed, amendment accepted

All in favor of the amendments to Article IX Commercial District

One opposed, amendment accepted

All in favor of the amendments to Sign Regulations

None opposed, amendment accepted

B. Use Table: Retail and Services

#4 To eliminate drive-in eating establishments in the R2 and by special exception in C1

#6 special exception only in C1

#14 special exception in C1 (in addition to B1)

#21 Communication and television tower is allowed in all districts of the town with a special exception.

Change to: Not allowed in R-1,B-1 or OC-1

This would bring the use table in compliance with the Wireless Telecommunications Facilities Ordinance

The Chair closed the meeting and Opened the Public Hearing

Mr. St. Pierre explained that these changes were intended to give closer control of the business and commercial areas of the town in order to keep the character of the town cohesive and attractive.

Ms. Annis stated that these changes seem prohibitive to companies wishing to locate in Warner, and that this might be to our disadvantage as we need a broader tax base.

Further comments stated that the advantages seemed to outweigh the slightly prohibitive nature of the changes.

The Public Hearing was closed and the Meeting Re-Opened.

The Chair called for a vote on the changes to the Zoning Ordinance Use Table as presented

5 in favor, amendment accepted

These items will appear on the town ballot as recommended by the Planning Board.

1003.00 Siting Standards

1003.01 General Provisions replacing section f with new language reducing the allowed height to 30 ft above the average tree canopy and requiring a surrounding tree canopy within a 100 ft. radius.

The change will read: No tower shall be permitted in any location unless there is an existing tree canopy within a radius of 100 feet of the proposed location. No tower shall be permitted that protrudes more than 30 ft above the average height of the tree canopy within a radius of 500 feet from the proposed location. Tree clearing within the 500 foot radius beyond the absolute minimum required for construction shall be prohibited. Nothing in this section is intended to prohibit proposals to mount antenna arrays on existing structures.

1003.02 Districts Permitted addition of section c requiring that the applicant investigate all available alternative structures or technologies. Also the applicant is required to present information in reference to meeting all other provisions of Section 1000.00.

the new section C will read: Before approving an application for a special exception for a wireless telecommunication facility, the Zoning Board of Adjustment shall find that the following prerequisites have been met, in addition to the special exception standards of Article XVII.C.1. of the Zoning Ordinance:

1. The legitimate requirements of the applicant cannot reasonably be met by an alternative tower structure(s) or use of other available alternative technologies; and

2. The applicant has presented written information which addresses to the Board’s satisfaction how the proposal is consistent with the provisions of paragraphs b, c, d, e and f of Section 1000.00 of this ordinance

The above will also be added to the Warner Floodplain Ordinance

Also a number of corrections will be incorporated to make the Ordinance consistent with current Floodplain mapping for the town.

The above changes are not those necessary to be put before the Board at Public Hearing. The changes in question will be presented at the February 5, 2001, Meeting of the Planning Board.

The change (30 feet to 20 ft) in the Tower above canopy height allotment should also be noticed at the same time.

E. Warner Subdivision Regulations:

Section II: Definitions: "Minimum Buildable Lot Area"

"Minimum Buildable Lot Area" means the minimum size lot allowed in a particular zoning district. For purposes of subdivision the minimum buildable lot shall be one continuous piece of land and no land described as follows, shall be counted toward the required minimum buildable lot area;

a. Land designated as Flood Plain or shown to be bog, marsh, swamp area, area of high water table (within four feet of the surface) or any similar situations;

b. Areas necessary for the protection of aquifers and aquifer recharge areas, including those areas and watersheds of areas that have been designated as potential future sources of drinking water for the Town;

c. Land with slopes in excess of twenty-five percent (25%) or with ledge that is exposed or lying within four (4) feet of the soil surface;

d. Areas which are subject to an easement or a right of way in favor of the Town, County, State or Federal Government or any third party;

e. Any land covered by any soils listed as Groups 5 and 6 by NHDES Subsurface Systems Bureau.

This change was tabled pending the vote of the town.