Town of Warner – Planning Board

Meeting Minutes

Monday, May 7, 2007, 7:00 p.m.

Warner Town Hall, Lower Level

Members Present: Barbara Annis - Chair, Andrew Serell, Ed Mical, Paul Violette, George Pellettieri, and Selectman Wayne Eigabroadt

Members Absent: Mark Lennon

Alternates Present: Dan Watts, Stacey Cooper, Henry Duhamel

Presiding: Barbara Annis

Recording: Mary Whalen

Applicant/Property Owner: Irving Oil Corporation, 32 West Main Street, Warner, NH 03278

Requests: Replace existing price panels with LED price changes.

A representative from Irving Oil met with the Planning Board and explained that the existing price panels that are in the current sign will be replaced with LED price changers. This would allow the price of gas to be changed from inside the store. A board member asked what the difference is in the illumination. The representative did not know the difference. Another member confirmed that the numbers would be the same height as the numbers on the current price panels. It was confirmed that the LED’s would be for each digit. The Planning Board needs to determine if the LED’s are considered internal illumination. Irving Oil did receive a variance allowing internal illumination for the existing sign, does the existing variance apply to this situation. The representative asked how this request would change the internal illumination. A board member explained that the LED could add to the illumination. The Planning Board agreed that internal illumination needs to be determined by the Zoning Board.

Applicant/Property Owner: Thomas Greenlaw/Royal Latuch, 179 North Village Road, Warner NH

Property Location: Corner of North Village Road and Flanders Road, Map 9 Lot 4

Description: Deed has two tracts within it. Is it necessary to have a formal subdivision done?

Barbara Annis explained that Mr. Greenlaw and Mr. Latuch have a deed that states tract 1 and tract 2. Tract 1 meets the zoning requirements for R2 zoning; tract 2 does not because it has 1.67 acres. The Zoning Board granted a variance for tract 2. There is a brook that is a natural boundary between the two tracts, the question is does this require a formal sub-division. There is one deed indicating 2 tracts of property but the Town has it listed as one lot. The Board asked what the difference between a tract of land and a lot. If the property is not two lots it needs a sub-division if it is two lots it does not need a sub-division. The Planning Board agreed that the property would require a sub-division because within the deed it may be tract 1 & 2 but only one person is named within the deed. Barbara explained that when map and lots were created, if deeds abutted each other they were encompassed into one map and lot number.

Applicant/Property Owner: Will Begin, Begin Homes, LLC, P.O. Box 473 Warner, NH 03278

Property Location: 183 West Main Street, Map 35 Lot 3 Interval Overlay District, C1 zoning

Description: Model home and office for Begin Homes, LLC, plus 5 units for professional offices or retail business

Application Accepted: 1/08/2007

Mr. Pellettieri recused himself being a paid contractor. Mr. Duhamel will sit in for Mr. Pellettieri’s.

Mr. Begin submitted additional copies of the updated traffic report. On the most recent plan a center line is noted for the driveway. On page 4 of 4 the footnote states infiltration information. Page 3 of 4; note #3 references sheets 2 & 4 for additional drainage and erosion control details. Mr. Begin learned that there is a charge involved for Merrimack County Conservation Commission assessing the soil. Board members visited the site. Ed Mical referenced sheet 2, there is a 5% grade going to a 12% grade coming off the road, Ed is concerned about the slope in hazardous weather. Also the curbing that channels the water into the culverts, there is a concern when the asphalt begins to crack. Mr. Begin had the lot reviewed for drainage and there was no issue, the grade of 12% has been known since the beginning of the application. The Board determined that the slope was acceptable as is.

There was a concern regarding the plan and the location of the power lines in relationship to the buildings. Public Service of NH did not want to move the power line if it was not necessary. Based on the building and the wire height it was determined to be not necessary. Ed Mical asked if anything in writing from PSNH was obtained. Mr. Begin said yes, information was submitted to an abutter based on the ability to be able to move the power line, and the abutter signed off and sent the information back to Mr. Begin. Peter ? said that it was not necessary. Ed Mical recommended something in writing from PSNH be included as part of the application showing that PSNH does not have an issue with the building location and the power line. Selectman Eigabroadt asked if PSNH reviewed the plan that is before the Board this evening. Mr. Begin explained that the original plan has the building located further back and that is why the issue was raised.

Barbara Annis referenced the RAW project that is located adjacent to the Begin project. The Planning Board required as part of the RAW approval to have a deed drawn up indicating egress to the Evans lot, it was also required to have a specific area indicated on the plans. Mr. Begin explained that the indicated area marked is based on the topography. Barbara Annis asked if the Board is willing to accept the markings on the plan. The Board is requiring the location of the egress to the RAW lot be deeded.

Barbara asked Mr. Begin if he reviewed what was proposed for oversight. Mr. Begin asked by oversight does that mean a periodic inspection or is the Planning Board asking for oversight over the entire time of construction. Barbara read the contract: Assuming one site visit per week at 4 hours per visit and a construction schedule of 16 weeks, estimated fee is $4,000. The Planning Board would establish an escrow account payable by Mr. Begin prior to construction.

The Planning Board figured the Impact Fee (to fund the traffic light) in the amount of $4,000.

Ed Mical asked if an account to cover plantings required. Barbara explained that in the past this has been a requirement to cover the cost of plantings that may perish within a year, if the property is vacated. The Planning Board agreed to the amount of $1,500 that will be placed in an escrow account funded by Mr. Begin.

Ed Mical recommended all tenants to be listed prior to the plan submitted for site-plan review.

Ed also asked if there will be a public hearing for compliance. The public hearing is to ensure that additional items have been completed before final approval. Mr. Begin confirmed that a compliance hearing is held for each stage, meaning for building permit and for occupancy permit.

A member also requested that the plan show the potential future access indicated as 50’ wide and also develop a deed easement for the access.

Barbara explained that once the escrow funds, bond, liability insurance, deeded easement and a public hearing for compliance are completed and in place, final approval may be granted.

A motion was made to conditionally approve the site-plan application on the conditions set forth in the draft conditions for conditional approval and the additional conditions being that they are met prior to the issuance of a building permit. Additional conditions will be; supply a plan showing the potential future access will be 50’ wide, deed conveying easement rights to the adjacent RAW property, shall be drafted by the applicant and submitted to and approved by Town Counsel. Additional condition for the occupancy permit will be providing an escrow account in the amount of $1,500 for landscaping retained for one year after landscaping is completed. Under general conditions; all tenants would be required to file for site-plan review prior to occupancy. The compliance will be documented and addressed at a public hearing before the Planning Board prior to any application for a building permit and prior to application for Certificate of Occupancy based on conditions documented earlier ……. The amount of $4000 for site oversight will be placed in escrow along with exaction fees totaling $4,000. Motion was seconded. Vote taken: Henry Duhamel, Aye, Paul Violette, Aye; Ed Mical, Aye; Andrew Serell, Aye, Wayne Eigabroadt, Aye. Motion passed.

Applicant/Property Owner: Michael & Gatia McChesney, P.O. Box 152, Elkins, NH

Property Location: 51 East Main Street, Map 30 Lot 32, B-1 zoning

Description: Convert single family in business district to retail/office space and 1 bedroom apt.; add additional parking.

Selectman Eigabroadt recused himself.

Revisions have been made, access and ingress will be made from one source in the front, and an emergency access that will be gated will be located through the existing roadway. The parking has been revised to meet all the requirements of the open spaces. Waiver requests have been drafted.

A member asked how wide the access is, it was explained that a turning radius for a 30’ foot truck needs to be produced in order to turn out of the driveway without crossing into the other lane (required by DOT).

There will be landscaping and a fence around the dumpster and propane tanks. There is one less building than originally proposed. The applicant confirmed that the parking will be able to comply with ADA requirements. The applicant confirmed that he is not changing the interior of the structure; no interior walls have been removed. The spaces will be used as office space.

Mr. Duhamel asked if the recent rain has created a site problem in regards to drainage. The applicant explained the floodplain is located on the lower level and does not affect the upper level. The run off will be naturally absorbed.

The applicant is asking for a waiver on the landscaping and exterior building facade because it already exists.

Motion was made to grant waivers for the landscaping and exterior building façade. Motion was seconded. Vote taken: Henry Duhamel, Aye, Paul Violette, Aye; Ed Mical, Aye; Andrew Serell, Aye, George Pellettieri, Aye. Motion passed.

Lighting fixtures will be a reproduction of a colonial light with copper; the glass will mute the light with a top cover. There are wetlands located within the floodplain elevation as indicated, there are no wetlands located on the upper portion.

A motion was made to accept the application as complete. Motion was seconded. Vote taken: Henry Duhamel, Aye, Paul Violette, Aye; Ed Mical, Aye; Andrew Serell, Aye, George Pellettieri, Aye. Motion passed.

Barbara Annis closed the Planning Board meeting and opened to a Public Hearing.

Jim McLaughlin recommended that any wetlands on this property should be delineated, and that no work be done in those areas. Jim would like to know what type of vegetation cutting would be done in the floodplain area. The applicant explained that no work would be done in the floodplain area.

Chris Conners said that during the site visit it was said that the wet land area would be cleaned up. The applicant explained that there are some choke vines that need to be removed and dead standing trees that could fall that would be removed. The applicant did contact Department of Environmental Services and asked about placing picnic tables and benches in the wet land area, DES had no problem with that type of use.

Jim McLaughlin is concerned about what might happen in the wet land area, maybe if there were conditions placed on the application. The applicant explained that their intention is not to interfere with the wet land or going down beyond the bottom of the bank. The applicant intends to stabilize the site using silt fence and keep all the construction well above the limits of the floodplain and the jurisdictional wet lands. Barbara Annis asked if the applicant would have any objection if a condition of approval or in the approval it was stated that no buildings would be allowed in the wet lands area or that no development of any kind would be allowed there. The applicant explained that he presented a plan for a gazebo in the wet lands area to DES and they had no problem as long as it was on piers above the flood elevation. The applicant asked if a gazebo is considered a building. The Board said no.

Someone commented that the applicant has done a good job trying to keep the project in conformance with the downtown area.

Jim McLaughlin reminded the Board that in the zoning ordinance no buildings are to be placed within 39’ of the stream. A gazebo would be a structure. The applicant explained that the gazebo is not shown on the current plan, which would be subject to later discussion, perhaps with the Zoning Board as well.

Barbara Annis closed the public hearing and opened the public session.

A motion was made to approve the application imposing a condition that there will be no cutting of live hardwood trees in the wet lands area. The applicant recommended no human disturbance rather than tree cutting. The applicant has no intention of cutting trees in the wet lands. The applicant does not agree with the no tree cutting condition because it becomes binding. The motion was amended to no cutting of live trees in the wet lands as part of the construction of the project. A member asked the applicant if he is essentially saying that he will respect the integrity of the wet lands below the flood elevation. The applicant said they do not intend to go as far as the flood elevation. They intend to stop 6’ feet down the bank and fill in at that point so there is a natural bank down to the floodplain and the wet lands. The applicant also noted that what is naturally down in the wet lands area, evergreens will be added to the property including the lower plain. Motion was seconded. Vote taken: Henry Duhamel, Aye, Paul Violette, Aye; Ed Mical, Aye; Andrew Serell, Aye, Wayne Eigabroadt, Aye. Motion passed.

Motion was made to approve the meeting minutes dated April 18, 2007. Motion was seconded. Clarification was asked regarding the placement of granite markers on the Ordway Conceptual. Along with a minor correction regarding the Foothills Barn Sale, add the word "but". All were in favor of the amendments, the motion passed.

A motion was made to nominate Barbara Annis as Chair. Motion was seconded. Barbara declined the nomination and explained her past and on-going frustrations to the members. Barbara feels that there is a lack of cooperation among the members and has had to continually defend the actions of the Planning Board. Barbara continued by saying that the Board has received criticism from the Conservation Commission. Barbara referenced a recent memo from the Selectmen’s office and feels the Planning Board is no longer involved in the CIP. Selectman Eigabroadt explained that the memo does not state that the Selectmen’s office is taking away the CIP from the Planning Board, they are trying to establish better communication between the Department Heads and the Selectmen’s office in regards to the CIP before it is presented to the Planning Board. Barbara Annis disagrees; she does not believe the Selectmen should filter the capital expenses; it is the Planning Board’s process to filter. Selectman Eigabroadt agrees that it is a Planning Board process and function, but before the Department Heads fill out their requests the Selectmen have a right to review the requests before they are sent the Planning Board. A Board member stated that the instructions indicate that the Department Heads will submit their requests to both CIP Committee and the Board of Selectmen at the same time. Returning to the discussion regarding the nomination for Chair, George Pellettieri believes that everyone on the Board has the best interest of the town, and when labels are set aside there is a lot more in common between the members than differences, and encourages that type of cooperation. Other Board members expressed their cooperation. Barbara Annis agreed to a 6 month trial. All were in favor of the motion. The motion passed.

A motion was made to nominate Paul Violette as Vice-Chair. Motion was seconded. All were in favor. The motion passed.

CIP Committee members will be Ed Mical as Chair and Stacey Cooper as Vice Chair, Selectman Eigabroadt will be the Selectmen’s representative.

Barbara Annis would like to see the Planning Board finalize the Planning Board Procedures this year along with an exaction fee system. Sub-Division Regulations need to be updated regarding roads. The State Building Code and the Warner Building Code should be compared. The Selectmen have requested the Planning Board to look at signs, especially temporary signs. Barbara asked the Board members to review zoning regulations, site-plan regulations and sub-division regulations and further discussion will take place at the next scheduled work sessions. Ed Mical recommended revisiting drive-ways.

A member asked the status of the Master Plan. Currently there is no status; Barbara understands sections can be updated. Jim McLaughlin added that the Conservation Commission is in the process of creating a natural resource inventory for the entire Town, completion is slated for the summer.

Ed attended a seminar that discussed color coding plans. This enables easy identification for changes on plans.

Barbara Annis notified the Board that the original request from Deb Moore owner of the Foothills to have a barn sale from approximately June 1 to October 8 has distributed advertisements that now include antiques and features Country Cobwebs. Selling antiques and featuring Country Cobwebs was not in the original request. The Board recommends contacting Ms. Moore requesting her to come before the Board at the next scheduled meeting.

Ed asked if a letter was sent to Family Physicians regarding their expansion. A follow-up is necessary.

Barbara asked the members if they know of any roads that should have a traffic count. Central NH Regional Planning Commission has sent a request to the Planning Board, Selectmen and Director of Public Works. A copy of the last traffic count will be provided to the members.

Ed informed the members that the Hazard Mitigation Plan is due to be updated, as part of that a grant was received by the Town to create a water resource plan. A company out of Laconia will complete GSI mapping of all the water sites within Warner.

Motion to adjourn at 9:45 p.m.