Warner Board of Selectmen

Meeting Minutes

March 28, 2006

 

Meeting opened at 6:00 p.m.

In attendance: Selectman David E. Hartman – Chairman, Selectman Wayne Eigabroadt

Town Administrator Laura Buono

Recorder of the minutes is Mary Whalen

Others present:

Peter & Terri Wyman – Pleasant Lake Estates

Martha Mical

Barbara Annis

Intertown Record

 

Mr. & Mrs. Wyman met with the Selectmen to discuss 14 Pleasant Lane. Mr. Wyman has contacted home inspectors and has learned that they do not inspect for HUD standards. The State Fire Marshall’s office was called (Michael Stark). Mr. Stark explained that the material behind the walls would need to be tested in order determine the flammability factor or the manufacturer would need to be contacted. The manufacturer is no longer in business. Mr. Wyman explained that based on the information provided by the State Fire Marshall the Town would not be liable as far as fire safety if a "Certificate of Occupancy" was issued. The Selectmen disagree. Selectman Eigabroadt asked if HUD has been contacted. Mr. Wyman explained that because the mobile home was manufactured prior to 1976 and prior to HUD standards. Selectman Eigabroadt explained that HUD codes for mobile homes were only changed in 1976. Mr. Wyman agreed to contact HUD again. The Selectmen will seek further information pertaining to the Town’s legal position when a "Certificate of Occupancy" is granted. The TA mentioned that when she spoke to Town Counsel that he understood that there were not to be any mobile homes moved into the park over 15 years of age. Mr. Wyman explained that he had established the 15 year rule and then was legally challenged; Mr. Wyman said that he could not legally stop someone from moving in a mobile home as long as it meets local codes. Right now the mobile home located at 14 Pleasant Lane has been determined not to meet the zoning ordinance that states "current HUD standards". The Selectmen recommended that Mr. Wyman meet with the Zoning Board and apply for a "special exception", in the interim the Selectmen will seek further legal advice. The TA explained that Town Counsel’s opinion was that Mr. Wyman needs to prove that the mobile home meets current HUD standards. The Building Inspector submitted a letter to the Selectmen explaining that the mobile home does not meet the requirements and does not qualify for a "Certificate of Occupancy".

Mr. Wyman is still waiting for a septic design for the bath house located in the campground. The camp is scheduled to open on May 13th.

Mr. Wyman asked if a building permit is required for construction of a structure that will be smaller than the original footprint but does not alter the principal use of the existing structure. The Selectmen explained that a building permit is not required per the Warner Building Code ordinance.

Selectman Eigabroadt made the motion to authorize Laura Buono, Town Administrator to move forward with the Mill Street project. Chairman Hartman seconded the motion. The motion passed.

The Selectmen discussed locating the Town’s right-of-way between Azmy & Richards on Route 103. The 2005 quote in the amount of $1,200.00 needs to be verified along with the Highway Department’s budget for this item before moving forward.

Martha Mical commented that the Town has no issues with the piece of land, if the abutters do let them pay for it.

Selectman Eigabroadt explained that the Town would like to protect their interest.

Selectman Eigabroadt made the motion to approve a "Sign Permit" for Map 31 Lot 5, White Mountain Coffee. Chairman Hartman seconded the motion. The motion passed.

Selectman Eigabroadt made the motion to approve a Veterans Tax Credit for Map 36 Lot 7. Chairman Hartman seconded the motion. The motion passed.

Selectman Eigabroadt made the motion to approve a Veterans Tax Credit for Map 10 Lot 24-2. Chairman Hartman seconded the motion. The motion passed.

Selectman Eigabroadt made the motion to approve an Elderly Exemption for Map 10 Lot 24-2. Chairman Hartman seconded the motion. The motion passed.

Selectman Eigabroadt made the motion to approve an Elderly Exemption for Map 17 Lot 23. Chairman Hartman seconded the motion. The motion passed.

Selectman Eigabroadt made the motion approved a building permit for Map 34 Lot 25. Chairman Hartman seconded the motion. The motion passed.

Selectman Eigabroadt made the motion to approve a Jeopardy Assessment for Map 3 Lot 24, 54 Casino Circle. Chairman Hartman seconded the motion. The motion passes. The Assessment allows transportation over Warner roads.

The Selectmen’s office will alert the owner of Map 22 Lot 2, it was learned that there is a structure on the property that was not originally listed. The owner will be notified that the structure will be added to their tax bill and will also be issued a cease & desist order for building the structure without a building permit on a landlocked lot. The only access to the property is a logging road.

The Selectmen received 3 intents to excavate for grandfathered gravel pits. The term "grandfathered" needs to be clarified, there are requirements that need to be met and on file i.e. reclamation plans. The Planning Board is currently working on a plan for the 5 current gravel pits. (The Selectmen signed the intents)

Administrator’s Report

Hazard Mitigation Grants – Grant applications were completed and delivered for Mason Hill, West Joppa and Horne Street on Friday. Ed Mical and Allan Brown put in quite a bit of time on these and hopefully they will be approved.

Riverside Park – After speaking with Parks & Recreation, Ms. Buono was informed that due to flooding in the fall, the water connection had been damaged and they have no water service. With that in mind, drilling of the well could not be postponed and it remains scheduled for this week.

Firth v. Town of Warner – The Town has received the hearing notice from the Board of Tax and Land Appeals for Robert Firth. The hearing is scheduled for Tuesday, June 13th @ 9:00 a.m. Ms. Buono has forwarded a copy to Martha Mical. Selectman Eigabroadt will also attend the hearing.

§ The Selectmen discussed the May 31, 2006 deadline that was previously agreed to in order to give ample time to construct a home.

Continuing Education – Ms. Buono will be attending the "Transfer Station Operation and Hazardous Waste Management" seminar at LGC on Wednesday, April 5th. Ms. Buono will also be in class on Friday, April 7th at LGC for the Leadership Institute II (Ethics).

Selectman Eigabroadt made the motion to approve meeting minutes dated March 21, 2006. Chairman Hartman seconded the motion. The motion passed.

Letters will be issued to those who have property of another on their property.

Selectman Eigabroadt will review recommended changes to a draft addressed to Mr. Klinedinst.

 

Motion to adjourn at 7:45 p.m.

 

Board of Selectmen

Absent -Richard A. Cook

David E. Hartman – Chairman

Wayne Eigabroadt