Town of Warner – Planning Board

Meeting Minutes

Monday, June 4, 2007, 7:00 p.m.

Warner Town Hall, Lower Level

Members Present: Barbara Annis, Ed Mical, Paul Violette, and Selectman Wayne Eigabroadt

Members Absent: Andrew Serell, Mark Lennon, George Pellettieri

Alternates Present: Dan Watts, Stacey Cooper, Henry Duhamel

Presiding: Barbara Annis

Recording: Mary Whalen

Property Owners: Alan & Lee Wagnar, Jr., 33 Newmarket Road, Warner, NH 03278

Agent: Stefan Toth, P.E., Toth Engineering, PLLC, 5 Bernards Road, Suite 37, Merrimack, NH 03054

Property Location: Intersection of route 103 and I-89 southbound of-ramp, Map 14 Lot 10, C-1 zoning

Description: Subdivision of existing 10.03 acre lot into 4 commercial lots: 2.90 ac., 3.44 ac., 2.75 ac. & 2.56 ac.

Barbara Annis explained that she received an e-mail from the Agent. Mr. Toth realizes that the 65 day deadline has expired. Achieving permits from D.O.T and DES has taken longer than originally thought. Mr. Toth is requesting to be on the July agenda along with a deadline extension to August 2007. Selectman Eigabroadt commented that in view of the fact the Conservation Commission had many concerns about this project he does not see any reason why not to grant the extension.

Ms. Annis asked for a motion.

Selectman Eigabroadt made the motion to extend the Wagnar time limit to August 6, 2007. Motion was seconded. Roll call vote: Henry Duhamel, Aye; Ed Mical, Aye; Paul Violette, Aye, Dan Watts, Aye, Stacey Cooper, Aye; Wayne Eigabroadt, Aye. Motion passed.

Property Owners: Normand & Tina Larocque/Dennis & Patricia Larocque

Agent: Eckman Engineering, LLC, P.O. Box 3035, Portsmouth, NH

Property Location: Couchtown Road, Map 15 Lot 46-3 and Map 15 Lot 47-5

Description: Lot Line Adjustment between two abutting parcels.

Ms. Annis asked the members to turn to page 11 – B (Re-subdivision) within the Sub-division Regulations. David from Eckman Engineering is speaking as the Agent. The Agent passed out an 11"x17" version of the lot line adjustment. The adjustments have been highlighted showing that the existing lot was increased from .3 acres to .94 acres; the larger lot was reduced from 8 acres to 7.35 acres. A variance was granted by the Zoning Board on April 11, 2007 regarding the front set-back on the smaller lot. Because the lot is small a conditional approval from the Town is needed in order to move forward with the State on the subdivision approval and septic approval.

A member noted a typo that needs to be changed from the Town of Bradford to the Town of Warner. Also, how much of the lot is buildable minus the wetlands. The Agent explained that the lot is an existing lot of record, a lot of the area that has been given up is wetlands or poorly drained area. The buildable area is located on the front of the property.

Ms. Annis noted that the application lists Normand & Tina Larocque as the property owners. The deed lists Norman, Tina and Patricia Larocque as property owners. The Agent apologized for the oversight; the proper owners are recorded on the plans. The Planning Board requires signatures from all who are listed on the deed.

Checklist was compared:

Legal description of existing and proposed easements……

The Planning Board asked currently the plan is showing a skidder road, is the road connected with any type of easement or deed? The Agent explained it is located as a physical feature.

Location of existing buildings, septic and other manmade features…..

The Agent said the septic would be obtained in the near future and would need to make that a condition. The Agent explained because the lot is small in order to obtain a septic design pre-approval of the lot must be obtained first from the Town.

Noted corrections needed.

Copy of the current deed for Map 46 Lot 3

Signatures of both owners of Map 46 Lot 3

Correct typo on "nodification"

Omit Bradford and replace with Warner

Selectman Eigabroadt asked what the significance is for notation #4 located on the second page of the small maps. Ed Mical explained when the Floodplain Ordinance was updated zone x was taken out. However, because of the maps being done by USGS they are still there. Ed recommends leaving notation #4 for reference purposes because it does show on the floodplain development maps.

A motion was made to accept the plan as presented with corrections. Motion seconded. Roll call vote: Henry Duhamel, Aye; Ed Mical, Aye; Paul Violette, Aye, Dan Watts, Aye, Stacey Cooper, Aye; Wayne Eigabroadt, Aye. Motion passed.

Barbara Annis explained, because this application is for a lot line adjustment, only the abutters may be heard.

Greg Champney asked if the lot line is adjusted on a non-conforming lot that is grandfathered does that then change the ability to build on the lot. Selectman Eigabroadt explained, no it does not because by making the lot bigger and buildable in some ways makes the lot more conforming, it’s not undercutting the person’s rights to use their property. It was noted that a ruling was previously made on this particular lot. Mr. Champney followed with another question. In OC-1 zoning it is 5 acres only? Yes.

No further questions.

A motion was made to approve the lot line adjustment for Map 15 Lot 46-3 and Map15 Lot 47-5 with following conditions:

Copy of the current deed for Map 46 Lot 3

Signatures of both owners of Map 46 Lot 3

Correct typo on "nodification"

Omit Bradford and replace with Warner

Need to submit an approved septic system design

Motion was seconded. Roll call vote: Henry Duhamel, Aye; Ed Mical, Aye; Paul Violette, Aye, Dan Watts, Aye, Stacey Cooper, Aye; Wayne Eigabroadt, Aye. Motion passed.

Motion was made to approve meeting minutes dated May 7, 2007. Motion was seconded. No discussion. All were in favor. The motion passed.

Selectman Eigabroadt and Mr. Serell are generating the procedures. Barbara requested that the procedures be available to her on June 12^th, if they are not, she will then make a change.

Ed Mical explained that the CIP Committee has met and assignments were made. As of this evening, assignment report, new form and memo has been distributed. Next CIP Committee meeting is scheduled for Wednesday, June 27, 2007. Information received will be reviewed. For planning purposes the County has been added because of the effect on the tax rate. Stacey Cooper is the CIP rep. for the Planning Board. The Planning Board will discuss their requests during the June 18^th work session.

Barbara passed out information regarding an amended plan from Warner Aggregate.

Barbara encouraged all the members to submit their suggestions for projects that will be reviewed at the June 18^th work session.

Adjourned at 8:14 p.m.