Warner Board of Selectmen

Meeting Minutes

March 30, 2004

 

Meeting opened at 6:00 p.m.

In attendance, Selectman John C. Brayshaw –Chairman, Selectman Allen C. Brown and Selectman Peter St. James

Recorder of the minutes is Mary Whalen.

Brian Patsfield met with the Selectmen to inquire about the status of a Class VI road that is located off of Route 103 East. Mr. Patsfield asked the Board if a surveyor has been contacted. Chairman Brayshaw explained the on-going contest regarding a Town road that was discontinued and runs in between Mr. Azmy’s and Mr. Richards properties. A survey of the Class VI road needs to be done in order to determine where the right-of-way is between both properties. The Selectmen have been dealing with this situation between the two neighbors for over a year. The Selectmen view’s the situation between these neighbors as a civil matter, but there is also an issue with Mr. Azmy’s site-plan review that was approved by the Planning Board and has not been adhered to that also intersects with the Class VI road (parking lot). The Selectmen discussed hiring a surveyor. Mr. Patsfield feels that the Town should survey this road in order for the Town voters to decide if the Class VI should be reverted back to the landowners at the next Town Meeting. The Selectmen discussed the cost to the Town for a surveyor in order to settle a civil dispute. Martha Mical asked the Selectmen if there is any reason to survey the road if someone brings a petition to the Town of Warner for the town to give up its rights to that road. Barbara Annis commented that there is a map dated back to 1858 that may show where the road is. The map is at the Registry of Deeds and also the Historical Society has a copy. Selectman Brown made a motion to contact a surveyor for a cost to survey the Class VI road that runs between Mr. Azmy’s and Mr. Richard’s property. With the cost information the Selectmen will then make a decision on whether to move forward. Selectman St. James seconded the motion. All were in favor. Mr. Patsfield also informed the Selectmen that the Azmy establishment now has a neon sign and also questioned how many signs are allowed for one establishment. The Selectmen will review the sign ordinance. Mr. Patsfield also commented about the amount of vehicles, registered or not, that are on both Route 103 properties that are owned by Mr. Azmy. Mr. Willy Richard also commented that there are a number of vehicles at a property on Poverty Plains near Route 127. Mr. Patsfield inquired about the time limit regarding Mr. Azmy's driveway permit issued by the State. There is a deadline date of April 29, 2004 for a barrier to be in place. Mr. Patsfield also commented on the construction of an addition to a building without a building permit on Mr. Azmy’s property. Chairman Brayshaw commented that he believes that the building inspector looked at the structure and determined that all the rafters were original. Mr. Patsfield commented that since he has lived there, the building originally had three sides and also noted that the structure is not listed on Warner’s tax card. Mr. Patsfield also asked about the trees that were cut across the road (Mr. Azmy’s property). The Assessing Clerk stated that Mr. Azmy claimed the lot for a building that is why there was no intent to cut filed.

Peter Wyman met with the Selectmen regarding a replacement sign for Pleasant Lake Estates. The estate property is located in an R2 zone. The sign requirements for an R2 zone are 4 square feet. The replacement sign measures 6 x 4. Selectman Brown made the motion to accept the replacement sign for Pleasant Lake Estates. Selectman St. James would like to see a sign that is within compliance. Mr. Wyman explained that he replaced the existing 30 square foot sign with a 24 square foot sign. Public comments recommended Mr. Wyman obtaining a variance. Mr. Wyman stated that the variance would cost him $200.00 for something that was pre-existing. Chairman Brayshaw seconded the motion. Motion passed 2-1. Mr. Wyman also discussed eliminating nine campsites, across from the pond in exchange for three permanent sites. Chairman Brayshaw asked if the sites would meet the setbacks. Mr. Wyman stated that the sites would not meet the road setbacks. Chairman Brayshaw asked if the land would support a septic system for the three new homes. Mr. Wyman stated that a leach field would need to be added, and that there is adequate room for the system. The Selectmen recommended that Mr. Wyman bring his recommendation to the Planning Board.

Lynn Perkins met with the Selectman to discuss his interest toward an alternate vacancy on the Planning Board. Mr. Perkins feels he can bring business experience to the Planning Board. Chairman Brayshaw made the motion to appoint Lynn Perkins to the Planning Board as an alternate. Selectman St. James seconded the motion. All were in favor.

Martha Mical, Assessing Clerk met with the Board and informed them that the Director of Public Works is requesting that the Selectmen post Class VI roads from April 1 to May 10, 2004. Selectman Brown made the motion to post Class VI roads from wheeled vehicles from April 1 to May 10, 2004. Selectman St. James seconded the motion. All were in favor. The Selectmen proceeded to deny a Current-Use application due to the status of unproductive land. Chairman Brayshaw made the motion not to grant the current-use application, with a letter explaining forest products do exist on the property in question. Selectman Brown seconded the motion. All were in favor. The Selectmen proceeded to review correspondence from Mr. Begin regarding clarification to "changes" for the inventory form, the Assessing Clerk drafted an explanation for the Selectmen to review. Chairman Brayshaw asked if there are parameters that need to be met on the Inventory Form. The Assessing Clerk will contact the State for clarification. The Selectmen approved an Intent-to-Cut, Intent-to-Excavate on a pre-existing gravel pit, and two Elderly Exemptions. The Selectmen reviewed three different Pick-Up Contracts from Earls, Nieder and Perkins. Chairman Brayshaw made the motion to accept Option 1 (appointments made by the Assessing Clerk, Pick-Ups completed by Earls, Nieder, Perkins, at least nine appointments per day). Chairman Brayshaw withdrew his motion. Selectman St. James made the motion to accept Option 3, a standard contract where Earls, Nieder, Perkins process all Pick-ups. Selectman Brown seconded the motion. All were in favor. The Selectmen will schedule a work session to review abatement requests that have been processed through Earls, Nieder, Perkins.

Selectman Brown made the motion to approve meeting minutes dated February 3, 17 & 24, 2004 and March 2, 2004 as well as March 2, 2004 non-public session as amended. Chairman Brayshaw seconded the motion. The motion passed.

The Selectmen reviewed the 2004 Selectmen’s Responsibilities. To summarize, Selectman St. James will be the Liaison to the Transfer Station, Selectman Brown will be the Liaison to the Highway Department and Chairman Brayshaw will be the Liaison to the Police Department. The Board of Selectmen will be the Liaison to the Fire Department and Town Offices. Selectman Brown will be the Budget Committee Representative and the Planning Board representative. The majority of the responsibilities will be dealt with as a Board. The Selectmen discussed having more contact with the Chairpersons on the various Boards/Committees. Selectman Brown made a motion to move Ron Orbac to a full member position on the Planning Board. Selectman St. James seconded the motion. All were in favor. Within the responsibilities, the Selectmen agreed to strike the word "overseer" and replace with liaison. Chairman Brayshaw made a motion to have the Parks & Recreation Commission report to the Selectman rather than having a liaison representative. Selectman Brown seconded the motion. All were in favor.

The Selectmen discussed the formulation of the Martin Building Committee per direction from the 2004 Town Meeting. A notice will be posted to solicit volunteers. Areas that would be helpful but not necessary would be builder, business background, historical background etc.

The Selectmen determined through legal advice from New Hampshire Municipal Association that Police appointment terms are not necessary. Chairman Brayshaw made the motion to cease the three-year appointment term of the Police Officers. Selectman St. James seconded the motion. All were in favor.

Selectman St. James made the motion to approve the following job descriptions with amendments, Appraisal Assistant, Building Maintenance Technician, Transfer Station Attendant, Building Inspector, Assessor, 911 Addresser, Assistant Director of Public Works, Secretary to the Board of Selectmen, Custodian. Selectman Brown seconded the motion. All were in favor.

The Selectmen will begin the Phase I compensation adjustment on April 6, 2004, beginning with the Highway Department.

Selectman St. James will contact Primex to meet with the Department Heads regarding performance evaluations. A session will be held on April 29, 2004.

Selectman St. James made the motion to approve the "Maintenance Requisition Form". Selectman Brown seconded the motion. All were in favor.

The Selectmen signed the following; a notice for Department Heads regarding monthly meetings, a letter to the Town of Hopkinton regarding the voter’s response to the land purchase, a letter of intent to Mr. Christopher Closs regarding the Martin Building, a memo to all Boards/Committees regarding the Chairman structure, a letter to the government regarding reimbursement for the matching grant funds for the Riverwalk project, final signature for the communication equipment from the Homeland Grant, two notices of decision to the Planning and Zoning Boards.

The Selectmen signed appointments for Forest Fire Deputy Wardens, approved one junkyard license, approved one week vacation request for the Finance Director, and a Town Hall rental.

Chairman Brayshaw made a motion to send flowers to an employee’s father who had passed away unexpectedly. Selectman St. James seconded the motion. All were in favor.

Selectman St. James asked Barbara Annis about excavation information she had forwarded to him. A meeting will be scheduled with the Assessing Clerk, Planning Board Chairman and a representative from the State (Mary Pinkham Langar) in order to clear up any misunderstandings regarding Intents-to-Excavate.

Mr. Bjork inquired about the status on the lighting at the Transfer Station.

Motion to adjourn at 9:30 p.m.

 

Board of Selectmen

John C. Brayshaw – Chairman

Allen C. Brown

Peter St. James