Town of Warner – Planning Board

Meeting Minutes

Monday, October 1, 2007 , 7:00 p.m.

Warner Town Hall , Lower Level

 

Members Present:          Barbara Annis, Andrew Serell, Henry Duhamel, Paul Violette, Ed Mical, George Pellettieri, Selectman Wayne Eigabroadt

Members Absent:           None

Alternates Present:         None

Alternates Absent:          Dan Watts, Stacey Cooper

Arrived Late:                  Andrew Serell

Presiding:                      Barbara Annis

Recording:                     Mary Whalen  

1. COMMERCIAL MAJOR SUBDIVISION

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

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

Property Location: Intersection of Route 103 and I-89 Southbound off-ramp, Map 14 Lot 10, C1 District

Description: Subdivision of existing 13.03 acre lot into 4 commercial lots: 2.90 acres, 3.44 acres, 2.75 acres, and 2.56 acres.   

The Planning Board has received a letter from Agent Stefan Toth, P.E. requesting an extension of the 65 day deadline to the December 2007 meeting along with extending the public hearing to December.  Selectman Eigabroadt read the letter received into the record as follows:

To the Town of Warner :

Reference: Wagner Subdivision  

We received some additional comments from NH Department of Transportation on September 24, 2007 and NH Department of Environmental Services site specific on September 6, 2007.  We expect to have their comments addressed and submitted back to them by mid-October. Giving their review time has been approximately 3-weeks I would hope that we would have their permit by the first week in November. The applicant asks to extend the 65 day deadline to your December 2007 meeting and extend the public hearing to your December hearing. We appreciate the Boards time and attention to this matter.  

Barbara went over the applicant’s history; on September 10, 2007 an extension was requested and granted until November 5.  Now the applicant is requesting and extension to December 5th, which is understandable, plus the applicant is asking to extend the public hearing to December, Barbara noted that a public hearing was already held in March 2007.  The March meeting minutes indicate that the public hearing was closed.  A member asked Barbara what the proper procedure is.  Barbara explained the applicant has been accepted, a public hearing was held, it is now at the Planning Board stage to approve, delay or disapprove.  The member confirmed that during the December meeting the Planning Board would take action on the application.  Barbara added that the Planning Board could here the applicant on December 5th and still not come to a decision if new information is presented.  A member asked if there is substantive information will another public hearing be required.  Barbara said if the Board decided to do so. Selectman Eigabroadt asked if it would make more sense for the Planning Board to grant the extension until January or February.  A member thinks there’s a limit the Board should carry an application, it ties up the Boards time, at some point it should be said to the applicant come back when to the Planning Board when everything is in order.   Selectman Eigabroadt said in fairness to the applicant it was the Planning Board that told them to wait until everything is in order and then ask for the final meeting.  Barbara said the Board can continue to grant extensions.  The members discussed their next step.  Barbara recommends if an extension is given to start from the March 28th work session where the applicant and the agent attended.  Selectman Eigabroadt made a motion to grant the request by Toth Engineering for a 65 day extension for the Wagner Subdivision to December 3, 2007 .  Motion was seconded.  A member asked what the Board would be doing at the December 3 meeting, will there be anything indicating that this application will not be continued on forever.   The motion and the second were withdrawn.  Selectman Eigabroadt made the motion to grant the 65 day extension as requested to the December 3, 2007 Planning Board meeting with a discussion at that date about the possibility of no further extensions.  Motion was seconded.  All were in favor.  The motion passed.  Barbara will send a response letter.  A member made a motion to amend the motion to say “a discussion on further extensions”.  A second was made on the amendment.   All were in favor.  The motion passed.  

2. LOVEJOY MAJOR SUBDIVISION

Barbara explained that the major subdivision has been withdrawn and it is expected that the applicant will return with a minor subdivision application.  

3. MEETING MINUTES

A motion was made to approve work session meeting minutes dated August 20, 2007 .  Motion was seconded.  No discussion.  All were in favor.  The motion passed.  

A motion was made to approve meeting minutes dated September 10, 2007 .  Motion was seconded.  Selectman Eigabroadt abstained from voting.  No further discussion.  All were in favor.  The motion passed.  

4. MASTER PLAN COMMITTEE

The members met on (date not clearly stated); Sharon Wason from the Central NH Regional Planning Commission will meet with the Planning Board during the next scheduled work session in October.  There may be funds available to off-set the cost of the Master Plan.  Selectman Eigabroadt recommended checking with the Town Administrator regarding grant research.  A member noted that the Town of Sunapee held a Master Plan town meeting.  The present committee has discussed the possibility of doing the same as Sunapee in order to generate interest and volunteers.  Selectman Eigabroadt recommended checking with the Selectmen’s Office for a current list of volunteers.   

Ed Mical asked as part of the Master Plan update has the Committee looked at the Hazard Mitigation Plan. Barbara is not sure if the Master Plan needs to be recreated or just updated.   

5. SITE WALK - WAGNER SUBDIVISION

New members of the Planning Board walked the proposed sub-division site located on Map 14 Lot 10.  They were able to achieve a better understanding of the site.  Barbara asked about the driveway cut.   The driveway will run perpendicular to Route 103.  A member made a motion to approve the site-walk meeting minutes.  The motion was seconded.  Selectman Eigabroadt abstained.  All were in favor.  The motion passed.  

6. BUILDING CODE COMMITTEE

The Committee met in September and compared the State Building Code with Warner’s Building Code finding discrepancies.  One major change will be to adopt the State changes to the 2006 International Building Code and the 2005 International Electric Code.  A member asked if the wording could be changed to include something that says the town complies with the State Building Code.  The Committee will be comparing State and town information.  The State indicates what is needed in a local ordinance.  Barbara recommends contacting the Local Government Center for advisement.  

Barbara noted that within Warner’s zoning the definition for building and structure is not the same as the State’s definition.  

7. SIGNS COMMITTEE

Selectman Eigabroadt said the Committee has not met but the members are reviewing the current regulations and will come up with recommendations and then a meeting will be scheduled probably at the next work session.   

8. WELL WATER

There was no report for the Board at this time.  Selectman Eigabroadt as Health Officer has dealt with a renter of a 2 unit dwelling, they did not know what to do about the water test results, there is no enforcement for units that house 25 people or under, does the Town want all residential rental properties to have stricter standards or at the least the enforcement authority.  Mr. Serell explained that most towns have dealt with multi-family situations, there are State regulations that deal with public water supplies and then below that there is no regulation.  More research needs to be done on what other towns have done.   Selectman Eigabroadt asked about private wells, Mr. Serell said most towns do not regulate private wells.  Selectman Eigabroadt recommends adding well testing for new homes to the occupancy permit regulations.       

9. MISCELLANEOUS

A member asked the status of the secretarial position.  Barbara said the position as been filled and will begin on October 8th.  

10. PLANNING BOARD PROCEDURES

Mr. Serell made a comment that was not audible.  Barbara said the Board has to meet two consecutive meetings regarding the procedures.  

11. GENERAL COMMENTS

An audience member commented about the State well monitoring, it was learned that some of the wells are not at the correct depths.  The private sector is not aware that there are 2 tests that are needed one for bacteria and the other (not stated clearly).    

Motion to adjourn at 8:01 p.m.