Meeting opened at 6:00 p.m.

In attendance: Selectman Wayne Eigabroadt – Chairman, Selectman David E. Hartman and Selectman Richard A. Cook

Recorder of the minutes is Mary Whalen

Others present:

Robert Firth – resident Debbie Stanley – Ausbon Sargent

Martha Mical - Assessing Clerk/resident Judith Rogers – Town Clerk/resident

John Dabuliewicz – Conservation Commission

Rebecca Courser - resident

Argus Champion

The Selectmen contacted Mr. Robert Firth to meet with them this evening regarding his property located on Map 9 Lot 35. The Health Officer visited the property and cited an illegal septic system that was not located beyond the 75 foot minimum distance from two water sources, one artesian the other a dug well. There is also a travel trailer located on the property that is occupied by Mr. Firth. The Town’s Zoning Ordinance does not allow occupancy for more than 30 consecutive days within a 12 month period. A deck has also been built without an approved building permit. Mr. Firth did present an approved septic design; the location of the design is beyond the current system. Mr. Firth explained to the Selectmen that he was not aware of the Town Zoning Ordinances and that he has occupied land in three different towns (New Ipswich, Mason & Hillsborough) under similar situations for the last 15 years and has never had a problem. The Selectmen explained that he is also in violation of State Law regarding the septic. The Selectmen explained that requirements are different from community to community. The Selectmen also informed Mr. Firth that because he has occupied and made improvements to the property he will now be charged a Current-Use Penalty for land that he is actively living on. Mr. Firth explained that he informed the Town of improvements in the past by using the Inventory Form but he did not receive one this year (the Town did not implement Inventory Forms this year, and has only recently used the form for one year). Selectman Cook further explained that if Mr. Firth applied for a Building Permit as required by the Town of Warner for the deck the Town would have been notified of the improvements. First and foremost the Selectmen informed Mr. Firth that the illegal septic system must be removed immediately. Secondly the Selectmen informed Mr. Firth that living in the travel trailer would only be permitted if an active building permit for a new home were approved. In the past the Selectmen have granted permission to live in a trailer during construction of the home. Mr. Firth is not able to make a firm commitment toward installing a new septic system and beginning construction of a new home. Mr. Firth can commit to removing the illegal septic system and installing a holding tank. The Selectmen will conduct a site-visit on Thursday, June 9, 2005 at 6:00 p.m. in order to make a decision regarding the travel trailer. The Selectmen informed Mr. Firth that he would be receiving a statement regarding the Current-Use Change Penalty Tax.

Selectman Hartman made the motion to approve meeting minutes dated May 10, 17 & 24, 2005, work session minutes dated May 17 & 31, 2005 and non-public minutes dated May 17, 2005. Selectman Cook seconded the motion. All were in favor. The motion passed.

The Selectmen discussed a previous decision regarding a structure on property that is located at Map 15 Lot 39. The son of the property owner approached the Selectmen and asked if the existing structure could be replaced as a garage and storage for lumber; there is currently a structure that is 9 x 15 in size. Because the property is located on a Class VI road the Selectmen’s decision was that the 9 x 15 structure could be replaced in-kind. The Selectmen did visit the site and determined that a Building Permit would be required for the remaining structure that no longer exists (Selectmen’s Class VI road policy states that no structure is allowed on a Class VI road without first upgrading to a Class V road including paving). The son of the property owner is appealing the Selectmen’s decision and will meet with the Zoning Board.

The daughter of property owners located at Map 34 Lot 26 have asked the Selectmen to consider moving a Town held lien to the portion of the property that currently is occupied in order to sub-dived the back of the property. The Selectmen contacted Town Counsel and learned that as long as the Town holds the lien the Town does have the ability to move the lien. The Selectmen will make a final decision on June 21, 2005.

Conservation Commission Chair John Dabuliewicz, Debbie Stanley from Ausbon Sargent and Rebecca Courser were present to sign an easement that encompasses 201 acres located on Schoodac and Couchtown Roads donated by the Courser Family. There is also an abutting easement in the Town of Webster that consists of 116 acres. The Town of Warner has an executory interest which means if Ausbon Sargent fails to perform their duties the Town of Warner would be able if they choose to take over the easement. Ms. Stanley explained for the record that the last page states general title information. The last paragraph will be changed to be more specific. A copy of the change will be forwarded to the Selectmen’s Office. The Selectmen signed the easement, signatures were notarized by the Town Clerk (Selectman Cook did not sign the easement due to his relationship with the Courser Family). Selectman Cook explained that there were two parcels owned by the Courser Family that had the potential to be placed under easement in Warner. The Conservation Commission used funding for surveys and related costs on both parcels. The parcel located on Poverty Plains Road is not going under easement at this time. Rebecca Courser read into record that "At the preset time tax map 7 lot 60 will not be recorded as a conservation easement deed in phase I. It is the intent of the family to include this lot in phase II along with two other pieces that we own in Warner. If for some unknown reason phase II is not accomplished the Warner Conservation Commission will be refunded the cost of the land survey and other related expenses for Map 7 lot 60 incurred in phase I."

The Selectmen reviewed a revised Custodial job description that now includes the cleaning of facilities located at Riverside Park and Silver Lake Beach. Selectman Cook made the motion to accept the revised job description for the Custodial position. Selectman Hartman seconded the motion. All were in favor. The motion passed.

The Selectmen discussed restricting the use of the Town Hall. The Selectmen agreed that each request for use will be closely reviewed to determine if an additional deposit is required. From organizations such as the Boy Scouts a letter of commitment will be required.

Selectman Cook made the motion to approve the Current Use Land Use Change Tax Lien Release for Map 15 Lot 35 & Map 16 Lot 30. Selectman Hartman seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to sign an Intent to Cut for Map 19 Lot 37. Selectman Hartman seconded the motion. All were in favor. The motion passed.

Selectman Cook informed the Selectmen that the Intent to Cut on the easement at the Indian Museum has been postponed indefinitely due to the drop in price for oak.

Selectman Hartman made the motion to approve the Tax Collector Warrant totaling $2,241,172.06. Selectman Cook seconded the motion. All were in favor. The motion passed.

Selectman Hartman made the motion to approve the Timber Tax Levy amounting to $5,621.09. Selectman Cook seconded the motion. All were in favor. The motion passed.

The Selectmen approved two vacation requests.

Selectman Cook made the motion to approve amended work session meeting minutes dated April 27, 2005. Selectman Hartman seconded the motion. All were in favor. The motion passed.

Selectman Cook requested a survey to verify road frontage for Map 16 Lot 30 before approval for the Building Permit is granted. The property owners will be contacted. The Selectmen will inform the property owners about the Shoreline Protection Act.

On June 14, 2005 the Selectmen will meet with the Town Administrator in Henniker and will then follow with a Department Head meeting at the Selectmen’s Office.

The Parking Committee will meet on June 7, 2005 located at Mainstreet Bookends.

Selectman Cook made the motion to close the public session to open a non-public session per RSA 91-A:3 II (c). Selectman Hartman seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to close the non-public session. Selectman Hartman seconded the motion. All were in favor. The motion passed.

Motion to adjourn at 8:20 p.m.

Board of Selectmen

Wayne Eigabroadt – Chairman
David E. Hartman
Richard A. Cook