Warner Board of Selectmen Meeting Minutes February 25, 2003
Chairman O'Connor opened the meeting at 6:00 p.m., in attendance was Selectman Robert C. O'Connor - Chairman, Selectman John C. Brayshaw, Selectman Edward F. Mical, along with members of the public. Recorder of the minutes is Mary Whalen. First order of business is the monthly meeting with the Department Heads. Police Chief William Chandler informed the Board that the new secretary started the week beginning February 17, 2003. The new computer has been received and set up. The ignition linkage on the 99 cruiser was repaired. Paul Fouliard, Transfer Station Supervisor, informed the Board that he attended a class for wastewater runoff. The Town permit for the Transfer Station has been applied for with the Environmental Protection Agency, and Mr. Fouliard is working on the site-plan. Mr. Fouliard has discovered that the dry wall can be mixed in with the mulch and ash, which is used for barriers. Another Oil Grant has been applied for to purchase an oil filter crusher. An arrangement has been made with Mr. Bob Shoemaker to use his scaffolding in order to put up the ceiling fans at the Transfer Station. Allan Brown, Public Works Director, offered to make an oil crusher for the Transfer Station. An axle was lost on the 91 dump truck, repairs are forthcoming. Chairman O'Connor will contact the Highway Safety Committee in order to look at a request to lower the speed limit on New Market Road. The Indian Museum submitted to the Board a request to be exempt from taxes; the paper work (on file) will be forwarded to Town Counsel for review. Judith Rogers, Town Clerk, met with the Board of Selectmen, and informed them that an Archivist has come into the Town Clerk’s office to evaluate and make recommendations for the storage of records and books. The Board signed:
The Board reviewed various correspondences. Chairman O'Connor updated Selectman Brayshaw about a meeting with Earls, Nieder and Perkins (Revaluation team). The sales analysis is near completion; the Board will review and return the new values of properties by mid March. On April 10, 11 & 12, 2003 appointments (hearing review) will be made for 150 property owners that have no values set for their property, and for property owners that have questions about their new valuation, notices will be sent to property owners about the hearing dates. Selectman Brayshaw made a motion to approve the February 11, 2003 meeting minutes with corrections. Selectman Mical seconded the motion. All were in favor. The motion passed. Chairman O’Connor closed the Selectmen’s meeting and opened the Public Hearing to address a proposed layout of a portion of a Class VI road known as Cunningham Pond Road per RSA 231:28. Public Hearing Present was the Board of Selectmen, Mr. Eugene Moran, Mr. Daniel Eubanks, (noticed abutters). Mr. Brian Roy attended being a resident on Cunningham Pond Road, along with members of the public. Mr. Eugene Moran presented engineered plans for an upgrade of approximately one hundred feet of a Class VI road in order to access a driveway to his property. Selectman Brayshaw stated that if the upgrade of the road is granted that the character of the area should not be changed. There should be proper culvert and water drainage put in, but the road should not look any different than the Class V preceding. A letter from an abutter, Mr. Roy Champagne was read to the audience supporting the road project. Chairman O’Connor explained the process to be followed; there will be discussion this evening with public comment, and then a decision at the next Selectmen’s meeting on March 4, 2003. This will allow time for the Public Works Director to review the proposed plan for the road upgrade. Public Comment Mr. Eubanks asked what the plan for the property was after the road upgrade is completed. Mr. Eubanks is interested in the conservation and character of the area.
Mr. Eubanks supports an easement placed on Mr. Moran’s property in order to protect the area. Mr. Eubanks is also considering an easement or a deed restriction for his property, and is looking for support from his abutters to do the same. Richard Cook from the Conservation Commission stated that at a February meeting the Conservation Commission voted to oppose any upgrading of a Class VI road to a Class V, before you know it, long sections of Class VI roads have been upgraded to Class V, the idea of a conservation easement that allows the construction of a one single family dwelling would be supported by the Conservation Commission. The Conservation Commission does not feel that the Mink Hills area should be opened to any potential development. Mr. Moran feels that his proposal is minimal and in proximity to an area that has homes. Mr. Moran is more receptive to a deed restriction to no further sub-division than an easement. Mr. Cook explained that research has shown that in an area where there are other conservation easements, property values increase, because you are in an area where you can count on the character of that area being maintained in perpetuity. Mr. Cook also explained that an annual monitoring of the easement is mandated by the State. The Conservation Commission contacts the landowner and the land is walked over once a year. Chairman O'Connor asked Mr. Moran when the work would start if approval were granted. Mr. Moran stated that he would like to begin in the spring of 2003. Chairman O'Connor recommended time to think out the options that have been presented. Mr. Eubanks commented that if there was a permanent guarantee that the property would never be sub-divided then he would not be opposed to the upgrade. Mr. Moran would like to see other abutters put a deed restriction to no further sub-division. Mr. Cook explained that a deed restriction is different than an easement. The Conservation Commission would not support a deed restriction, because they are hard to enforce. With an easement, restrictions are negotiated so that both landowner and the easement holder secure what they want. All restrictions are negotiable. Mr. Moran asked Mr. Cook how to word no further sub-division. An easement can be worded for no further sub-division. A copy of an easement will be forwarded to Mr. Moran as an example. Mr. Moran was receptive to the easement with the sub-division verbiage and would like to see his abutters follow suit.Chairman O'Connor closed public comments. Selectman Mical made a motion to continue the public hearing for the Class VI road until March 4, 2003. Selectman Brayshaw seconded the motion. All were in favor. The motion passed. Selectman Mical made the motion to adjourn at 8:30 p.m., Selectman Brayshaw seconded the motion. All were in favor. The motion passed.
Robert C. O'Connor – Chairman John C. Brayshaw Edward F. Mical
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