|
Warner Board of Selectmen Meeting Minutes Tuesday, June 8, 2010 Chairman
Hartman opened the public session at 5:30 p.m. In Attendance:
Selectman David Hartman – Chairman, Selectman David Karrick, Jr.,
Selectman Clyde Carson & Town Administrator – Laura Buono Others present: Martha Mical, 1. 2009 Abatement Requests The abatement requests were reviewed by the
Assessor who has submitted his recommendations to the Selectmen. The Assessor recommended an abatement for
Map 14 Lot 28-004. Selectman
Carson moved to grant an abatement for Map 14 Lot 28-004.
Selectman Karrick seconded the motion; all were in favor, the
motion passed. On the next property the Assessing Clerk
asked the Selectmen if they wish for her to further pursue and contact the
property owners because the deed is missing the page number, however, the
description of the property is correct within the deed.
The Selectmen do not see the need to pursue any further if the
description is correct in the deed. Selectman
Carson moved to grant an abatement for Map 15 Lot 30 and Map 15 Lot 29 as
recommended by the Assessor. Selectman
Karrick seconded the motion; all were in favor, the motion passed. Selectman Karrick moved
to grant an abatement for Map 18 Lot 008-003 as recommended by the
Assessor. Selectman Carson
seconded the motion; all were in favor, the motion passed. Selectman Karrick moved
not to grant an abatement for Map 10 lot 066 as recommended by the
Assessor. Selectman Carson
seconded the motion; all were in favor, the motion passed. Selectman Carson moved
not to grant an abatement for Map 33 lot 13-001 as recommended by the
Assessor. Selectman Karrick
seconded the motion; all were in favor, the motion passed. The Assessing Clerk said the final numbers
from the 2010 revaluation will be available for the Selectmen to review
within a week and a half. Any
further requests for value changes will need to go through the abatement
process; the deadline is March 1, 2011.
2.
Nonpublic Session Chairman Hartman moved to go into
nonpublic session under RSA 91A:3 II (b) hiring at 6:09 p.m. Motion
was seconded by Selectman Karrick. A roll call vote was taken.
Chairman Hartman – yes; Selectman Karrick – yes; Selectman Carson –
yes. In
attendance: Chairman Hartman, Selectman Karrick,
Selectman Carson, Town Administrator Laura Buono and Tom Baye The
Board of Selectmen met with Mr. Baye in regards to the Building Inspector
position and discussed the Town Administrator’s recommendation. Chairman
Hartman moved to come out of nonpublic session at 6:21 p.m. Motion
was seconded by Selectman Carson. A roll call vote was taken.
Chairman Hartman – yes; Selectman Karrick – yes; Selectman Carson –
yes. 3.
Public Session Chairman
Hartman opened the public session at 6:25 p.m. In Attendance:
Selectman David Hartman – Chairman, Selectman David Karrick, Jr.,
Selectman Clyde Carson & Town Administrator – Laura Buono Others present: Alice Chamberlin, Kathy
Parker, Paul Violette, George Pellettieri, Lois Shea, Joan Packard, True
Kelley, Steve Lindblom, Rebecca Courser, Ginger Marsh, Gerald Marsh,
Charles Ackroyd, Judy Ackroyd, Barbara Marty, Beverly Langlais, Nancy
Martin, Ronald Moore, Allan Greenlaw, Faith Minton, Peter Rhoads, Peter
St. James, Alan Piroso, Faith Piroso, Gloria Mock, Allie Mock, Paul
Raymond, Ashley Miller, Ed Raymond, Michael Brown, Paula Violette –
Brown, David M. Carroll, Cameron Sayre – Powell, Robert Shoemaker, Janet
Payne, Tom Payne, Kirstyn Stockwell, Edith Daigle, Stephen Daigle, Susan
Hemingway, Joanne Hinnendael, Wendy Hanwell, Stephen Brown, Peg Bastien,
Kyle Whitehead, Linda Burdick, Sarah Allen, Richard Cutting, Stephen
Trostorff, Pam Trostorff, Susan von Oettingen, Trish Mitchell, Nick
Mitchell Duane Souder, Lori Souder, Richard Strickford, John Brayshaw,
John Cronin, Dick Fisher 4. Public Hearing – Barn Preservation Easement The property owner of Map 15 Lot 009
explained within the application for the easement that the barn in
question has been in existence since 1870 and renovations are planned in
the near future to preserve the barn.
The Selectmen have previously toured the property.
Chairman Hartman opened the hearing to
public comments: George Pellettieri voiced his support for
preserving old structures in town which will add to the historic character
of the Town. No further comments, Chairman Hartman closed
the public hearing at 6:34 p.m. The Board of Selectmen will finish the
easement process at the next Selectmen’s meeting. 5. Motion to Appoint Selectman Karrick moved
to appoint Tom Baye as Building Inspector for a one-year term from June 8,
2010 until June 8, 2011. Selectman
Carson seconded the motion; all were in favor, the motion passed. 6. Consent Agenda Selectman Karrick moved to approve the
consent agenda for June 8, 2010: o
Timber Tax Warrant in the amount of $1,231.19 o
Timber Tax Warrant in the amount of $2, 070.24 o
Intent-to-cut for Map 8 Lot 24 o
Letter to proceed for financing for the fire truck with Lake
Sunapee Bank o
Building Permits for: ·
Map 26 Lot 20 ·
Map 13 Lot 7-1 ·
Map 15 Lot 47-3 ·
Map 11 Lot 60-5 ·
Woodside at Pleasant Lake Campground Selectman Carson seconded the motion; all
were in favor, the motion passed. 7. Manifest Selectman Karrick made a motion
to authorize the Selectmen to sign manifests and order the Treasurer to
sign Payroll Check numbers 531 – 557 (includes 12 direct deposit stubs)
in the amount of $ 32,049.36 and Accounts Payable check numbers 44501 –
44543 in the amount of $94,161.64. Selectman
Carson seconded the motion; all were in favor, the motion passed. 8. Azmy Property The Selectmen decided upon a couple of dates
in order to arrange a site-visit that will consist of taking an inventory
of the Azmy property so that both the Town of Webster and Attorneys can
attend; they decided upon either June 25th or July 2nd.
9. ATV – Public Hearing Chairman Hartman opened the public hearing
by asking Paul Violette to present what the Boundtree ATV Club is asking
of the Town. Mr. Violette explained that he is a resident
of Warner and a member of the Boundtree ATV Club.
Also with him is Richard Strickford who is the Vice President of
the ATV Club and also the trail master.
Mr. Violette presented a map for the audience to view; he used the
same map that indicates the snowmobile trails.
Mr. Violette said the laws in the State of NH give the Board of
Selectmen the authority to regulate the use of Class VI roads within its
boundaries. He said out of
all the legally licensed wheeled vehicles the only vehicles that do not
have permission to travel the Class VI roads in Warner are ATVs.
He said most towns have Class VI roads and ATVs are allowed on
those roads. Mr. Violette
said the Boundtree Club is requesting to travel on certain Class VI roads
within the Town of Warner. The
roads are mostly in the Minks resulting in an 8 mile loop.
The Boundtree Club currently has trails mostly on private land in
the West Hopkinton area. The club is asking to expand into certain areas such as Bear
Pond Road, Sanborn Road to Hoyt Lane, Hoyt Lane to Badger Hill Road, Daisy
Hollow, a short piece on Cunningham Pond Road, and Wiggins Trace to
Henniker town line; this would allow the club to enter into Henniker that
crosses over private property (with permission) and then back into Warner. These same roads are used by the snowmobile club.
The primary reason for the request is to allow members of the
Boundtree ATV Club and any other legally registered ATV operator to use
these roads as trails. The
club has received in writing support from the Warner Police Chief, Warner
Fire Chief and the Director of Public Works as well as several Warner
residents that have signed a petition that has been submitted to the
Selectmen. If permission is granted the club would mark
the trails with appropriate signage according to NH laws.
The club through its members would also encourage other users to
ride the trails according to all laws and regulations and not to use other
roads and trails that are not legally authorized for use by ATVs.
Mr. Violette feels the impact of ATVs compared to logging
operations, dirt bikes and other four wheeled vehicles is very minimal. The Boundtree Club was organized in
Hopkinton and Contoocook and has been operating for about 5 years.
Membership is mostly from Warner and Hopkinton. Mr. Strickford who is the Vice President of
the ATV club explained how the club started.
He said about 5 years ago a new Game Warden came to the area with
concerns about dirt bikes and ATVs in the Town of Hopkinton.
The Game Warden asked Mr. Strickford who was the Sargent of the
Hopkinton Police Department at the time if he would start an ATV club to
set up a trail system. The
club has been very successful in establishing 15 miles of trails; they now
have 40 members and the permission from 13 landowners for the use of the
trails that run on private property.
The trails are on existing walking roads and roads that were put in
when the Hopkinton Dam was built. Mr.
Strickford worked for the Contoocook Village Water Precinct which owns
Bear Pond and 450 acres around Bear Pond as well as a conservation
easement on another 200 acres. About 9 nine years ago the CVWP had a problem with vandals
around Bear Pond. The CVWP
worked with the ATV club and opened the land to recreation of all sorts,
there are trails throughout the property and since doing so there are no
longer any vandalism problems. Mr.
Strickford said ATVs are going to use the roads anyway, if there is
control and signage he feels the impact will be minimum.
Chairman Hartman called for questions from
the public. Rebecca Courser said she is concerned about
the erosion in the Mink Hills area which has been contributed by logging
operations, jeeps, off road vehicles and ATVs.
She said the erosion over the last 10 years has been incredibly
fast. Ms. Courser showed the
audience pictures of the erosion. One
picture showed a picture a beaver dam on Cunningham Pond Road that always
floods the road; there is no alternative in crossing the stretch of water
that sits in the road. Ms. Courser has also found trash and tires out on the roads;
she is concerned about the impact of more traffic in the Minks 15 years
from now as well as the noise to the area residents.
Ms. Courser also asked if the towns of Henniker and Bradford
would be contacted about the fact that ATVs are being delivered to their
town line. She also suggested
to the Selectmen that they hear what people have to say this evening and
not make a decision, but set a time for a public meeting to travel
portions of the roads that were indicated to assess there conditions and
think about the long term impact their decision may have. And perhaps establish a committee that includes
representatives from the Historical Society, Boundtree ATV Club,
Conservation Commission, and landowners etc. to document current
conditions and make recommendations for the erosion and trash problems.
Ms. Courser contacted the Town of Henniker who has an agreed trial
period for ATVs, but the trial period has expired and no assessment has
been made. She also contacts
the Town of Bradford which does not allow ATVs on their Class VI roads. An audience member spoke unfavorably about
how the hearing is being held. He
is not in favor of the 5 minute time constraints and feels everyone who
has something to say should be able to.
Chairman Hartman said the hearing can be continued to another date
and time if the Board feels more comments are needed to be heard. John Brayshaw is an ATV rider who owns 60
acres at the end of Horne St. and over the years he has had ATV riders
from Massachusetts and Connecticut on his property stealing tools and
breaking windows in his cars. Mr. Brayshaw agrees that having an organized approach for a
trail system is a wise idea. Duane Souder said he has been a Warner
resident for over 20 years. He
said the Sierra Club reports there are 5 primary issues with ATV use and
in general motorized vehicle use. Air
and water pollution, excessive noise, litter, vandalism and fire brought
on by sparks and heat from the vehicles in dry areas.
Mr. Souder also provided pictures that he found on the internet of
ATV damage that was done in a single day.
Mr. Souder said there will always be people that will not follow
the rules and cause significant damage in a very short period of time. When
enforcing the laws if someone is caught causing damage by NH statute a $50
- $500 fine can be issued per incident.
Mr. Sauder said the fine will not cover the cost for fixing the
roads, streambeds, fire damage etc. Ali Mock recommended removing the beaver dam
and placing some stone in the roadway to eliminate the water.
He also feels the Class VI roads should be opened to all vehicles. David Carroll is concerned about the impact
to the natural ecology and feels there are areas that should only have a
minimum impact. There are areas within the State that allows ATV travel.
He also recommends viewing the difference between a Class VI road
that is not traveled upon by any vehicle and one that is.
He said there are more areas available to ride compared to areas
where any natural ecology can live in peace. An audience member said she has lived in the
Town for 20 years and has noticed that there is now more traffic and
congestion. She also said the
Mink Hills is a huge asset to the Town as a source of peace, a place where
nature can be seen, felt and heard. Steve Daigle has witnessed ATV’s traveling
on a snowmobile trail that is located on his property which is posted for
“no wheeled vehicles”. The
ATVs have churned a wet area into a big mud puddle and has turned a
portion of his land into a foul smelling mosquito breeding swamp.
Mr. Daigle also asked how ATVs will affect land that is in a
conservation easement such as the land in the Mink Hills. Alan Piroso said he is in the ATV club and
right now ATVers and everyone else are driving any place they want.
He said if the club is allowed to use the trials they will be
signed and also the club will patrol the area, without the club patrolling
there will be absolutely no control. Edie Daigle asked if Hopkinton banned
4-wheel drive trucks from the trails and she also asked if the ATV club
has built any bridges. Mr. Strickford said the ATV Club has built 6 bridges in the
last three years. Sarah Allen feels by allowing the ATV Club
on the Class VI roads it will increase the impact, not reduce it.
Mr. Strickford said he didn’t say the ATVs will reduce an impact,
he said you can’t control Class VI roads.
He said their trails are limited to what can go on them because the
trails are on private property. The
ATV Club could control the Class VI roads with signage and directing
people where they should and should not be. Paul Violette said the control works in
other areas in NH even in other States.
Mr. Violette asked if he could comment on some of the statements
that have been made. He said
there was a statement regarding damages, he feels Mother Nature has
created more damage to the roads than wheeled vehicles, after the 2006
storm there was a lot of erosion. Mr.
Violette also stated that no matter what, you will always have a
percentage of people that choose not to follow the rules.
He feels an organized presence will help the areas that are
traveled. Mr. Violette also
said that he was a Fire Warden for 35 years and he does not remember one
single fire that was started from an ATV, dirt bikes yes.
Chairman Hartman recommended continuing the
public hearing until Monday, June 28, 2010 at 7:00 p.m. Note: Any correspondence that was received
in regards to ATV use may be viewed at the Selectmen’s office.
They will be brought forward at the June 28th public
hearing. 10. Fisher – Cease & Desist Order Chairman Hartman began by saying that there
seems to be some confusion on what the Cease & Desist Order stands for
and he is not sure why there is confusion.
Mr. John Cronin, who represents Mr. Fisher, believes the confusion
stems from a misperception on some individuals that the activity is
somehow a commercial activity or a formal shooting range or shooting
course. He said if it were,
it would be subject, arguably, to the Town’s and land use regulations.
Mr. Cronin understands that recreational shooting is permitted on
any residence in the Town of Warner subject to police laws and other
statutory mandates. Mr. Cronin said that Mr. Fisher, in the fall
of 2009 went before the Zoning Board and made a presentation that clearly
provided that his activity was not commercial, was not operating for
money, was not part of a formal club or shooting course or shooting range;
it is incidental to a legitimate and permitted recreational activity.
Mr. Cronin said the neighbors have apparently complained and he
said the issue becomes muddier by the fact Mr. Fisher has applied for and
received regulatory board approval from the Town of Warner to conduct his
dog training business on his property; as part of the training, guns are
fired to train a dog to be steady, to retrieve.
Mr. Cronin said the underlying recreational
shooting activity is permitted anyway; it’s really a question of
duration, frequency and time of day.
He said there are people whose threshold for noise differs. He
said it is not a question of whether the underlying activity is prohibited
he said it is a question of being a good neighbor, when can he start, how
long can he continue and how many days a week.
Mr. Cronin said that is the fundamental position that he and Mr.
Fisher are taking and any position that this is taken contrary to that is
rejected out of hand because Mr. Fisher is not running a commercial
operation, a club, he doesn’t have a formal course or range despite the
fact it may have been characterized as such.
Chairman Hartman said it appeared to be a commercial venture last
summer when the issue first arose. There
was evidence presented to the Board of Selectmen that made that seem
apparent to the Board of Selectmen that caused the first Cease &
Desist. Chairman Hartman said
the second Cease & Desist was given because of the noise level that
infringed on the rights of the neighbors, at that point the question of
the activity being a business did not come into play, even though there
are people claiming at this point that there is a business.
If there is a business going on then that would come back into
question. Chairman Hartman
said the neighborhood has a right to peace and quiet.
Mr. Cronin said however, that is why he had asked early on to have
Town Counsel advise the Board of Selectmen as well as the Zoning Board,
but the Board of Selectmen has constantly referred to Zoning Ordinance,
Article IV Section H, that has to do with noise.
He said under NH law there is a constitutional requirement that a
Zoning Board must meet certain fundamental due process components.
He said one component is notice.
He said unless the noise is quantified it becomes up to the
judgment of a Code Enforcement Officer or the equivalent in deciding the
particular provision has been violated.
Mr. Cronin said he submits to the Board that if the underlying
activity is a permitted use there are police powers and criminal statutes
that would govern the misuse of that activity that would affect the
potential health, welfare and safety of either neighbors or citizen. The Town Administrator asked Mr. Cronin if
currently, Mr. Fisher is not shooting clay pigeons on his course.
Mr. Fisher said he has not shot since the Cease & Desist. The Town Administrator said the Cease & Desist was due to
the shooting course not recreational shooting.
Mr. Cronin said what he is suggesting and what he has stated as a
matter of record for months is there is no formal shooting course or
shooting range. It is done by
personal invitation by the property owner on no set schedule, day or time. Chairman Hartman said there is a shooting range/course that
was shown to the Board of Selectmen.
Mr. Cronin said he understands that, but that course can be changed
by simply moving the stations, it’s not a fixed course.
Chairman Hartman said the issue is, there is too much noise being
generated during the time when Mr. Fisher has exercised his right to shoot
his gun, and it has been a terrible nuisance in the neighborhood.
Mr. Cronin said that is the complaint, not everyone in the
neighborhood shares that position. Mr. Cronin asked if the Board received a letter from a
neighbor. Chairman Hartman
said yes, and in the letter it states that Mr. Fisher’s business is
legitimate. Mr. Cronin asked
if the letter says the noise is not an issue for him.
Chairman Hartman read the letter that was submitted by Charlie
Goodwin: In the matter of Dick Fisher’s shooting range, I hope you will allow
him to continue to do daytime or business hours shooting.
The activity and the sound have never been a problem to me.
Night time restrictions would be appropriate although I don’t
think Dick would need to be told not to shoot late at night. I hope you will not make it harder for a small home business
to operate. Small home
enterprises feel very appropriate in the town like Warner. Mr. Cronin said his point is the noise was
not an issue for Mr. Goodwin; the noise is an issue for others.
He said part of what Mr. Fisher does at his property under the
authority of the Zoning Board pursuant to the variance and special
exception to run a home based business for dog training involves shooting.
Mr. Cronin said if
recreational shooting then intensifies that activity in that recreational
shooting is permissible then it’s really again trying to quantify the
problem and establish reasonable periods of time both frequency, duration
and hours that would be satisfactory to a recreational use and not be
annoyance to the neighbors. Selectman
Karrick asked for an example of the hours intended.
Mr. Cronin said during the winter months, November 1st
to April 30th, 3 days a week, no earlier than 9:00 a.m. no
later than 5:00 p.m. and never longer than 2 hours in duration and during
the summer no more than 4 days a week, same time and duration as the
winter hours. The Town Administrator suggested to the
Board of Selectmen to look at the approval that was granted by the Zoning
Board for the business to see if the suggested shooting times is in line
with the approval. The Town
Administrator asked if the dogs are on the course when shooting the clays.
Mr. Fisher said the dogs are in the field, and what is being called
a course is the same as putting a tin can on a stone wall and shooting at
it. The Town Administrator
clarified the reason she is calling it a course is because at a previous
meeting Mr. Fisher corrected her by saying it is not a range it is a
shooting course. Mr. Fisher
said that he runs the dogs through the stations were the men are shooting
from. Selectman Carson asked
Mr. Fisher when he runs a dog how many men are shooting. He said when he has a dog that is breaking and he wants to
run the dog at a trial he said he would put 5 men out shooting a lot of
shells. Selectman Karrick
asked for how long a period of time.
Mr. Fisher said as long as he has enough ducks to keep the dog
going. He said he currently has a dog that will not quiet down; he
said he has put over 4,000 rounds over the dog trying to quiet it down.
Mr. Cronin asked the Board if someone is
cutting wood on their property 5 days a week at 5:00 a.m. with a chainsaw
that has a bad muffler are the neighbors going to ask the Selectmen to do
something about it. Chairman Hartman said yes.
Mr. Cronin suggested that it is incorrect if it is an
underlying right that the government has the ability to control, the
Selectmen are 100% correct. But,
if it is an activity that is a permissible activity and the government
does not have a right to control it those neighbors have an individual
right and judicial remedies available if they choose to exercise them.
He said it is a question of exercising those remedies in the
appropriate forum. The Town Administrator said the Selectmen’s office has
dealt with similar examples; they are approached and asked to start at a
certain time. Mr. Fisher said
that is what he is trying to do. The
Town Administrator said to Mr. Fisher that he is comparing wood cutting
versus something that the Selectmen…..Mr. Cronin interrupted and said he
was trying to compare noise to noise, activities that are potentially
annoying to near neighbors. He
said he agrees, the way to satisfactorily address both concerns would be
to quantify the activity so that it is done in terms of duration, time of
day and frequency so that it is acceptable on both sides. Chairman Hartman asked Mr. Fisher if the
shooting over the dogs to teach them to be quiet done by himself or
himself and several other people. Mr. Fisher said he has other people doing the shooting when
he is running a dog while he is standing on the dog’s tail. Chairman Hartman confirmed the shooting is part of the
business. Mr. Fisher said
right. He said it is
permissible in his kennel license that he has had for 10 years.
Chairman Hartman said the Town Administrator has advised the Board
to review the Zoning Board’s decision regarding the kennel business.
Chairman Hartman said it’s becoming clearer to him as to what it
is Mr. Fisher has done/intend to do.
He can also say that if it were a property next to him it would
annoy him as well. Chairman
Hartman said to Mr. Fisher that he is a neighbor that is in close
proximity to other houses. Chairman Hartman was provided resources on
how to design shooting ranges and courses.
He said based on what he has read what Mr. Fisher is doing on his
property is improper; it is not designed well and the property is not big
enough to accommodate a shooting course, range or dog training facility of
the type that he is doing. Chairman
Hartman is not sure the Zoning Board was aware that volleys of shots were
involved in the dog training. Mr. Cronin asked Chairman Hartman to focus
on something. He said what is annoying to Chairman Hartman would be if
somebody shot all the time. Chairman
Hartman said if he had 5,000 shotgun shells going off next to his
home…Mr. Cronin interrupted and said his question is if there were 100
or 150, two or three days a week for four or five weeks and then it
didn’t happen for 3 or 4
months; it would be a quantitatively and therefore qualitatively different
affect. Chairman Hartman
agreed. Cronin said the point
is the quantification of the activity that he thinks constitutes the four
corners of a solution. Chairman
Hartman said he lives within ¼ of a mile from the Fish & Game Club
where the shooting is occasional enough to where it does not annoy him.
Mr. Fisher said that he shoots far less than the Fish & Game
Club. Chairman Hartman
pointed out to Mr. Fisher that his proximity is a lot closer to his
neighbors than his is to the Fish & Game Club. Cronin said that is true and some people that can’t stand
that buy in communities and municipalities that have restrictive covenants
that prevent them from ever dealing with things they don’t like.
Chairman Hartman said that they have listened to the neighbors that
have complained and they expressed a view that they love to shoot as well,
and it is occasional enough where it does not bother anybody.
There is also the complaint about the clays that land on a
neighbor’s property. Mr. Fisher said he rectified that so that everything is
contained on his property. Chairman Hartman asked the Town
Administrator what the next step would be.
The Town Administrator said new information was brought forward;
the shooting is part of the dog training.
The Town Administrator recommends reviewing what was presented to
the Zoning Board. Selectman
Carson said when the Board looked at Mr. Fisher’s property he was under
the impression that when Mr. Fisher had a bunch of guys over it wasn’t
involving dog training. Mr.
Fisher said that there is confusion; he said he shot over his property
prior to shooting clays training dogs.
He said when he was running a dozen dogs he would shoot a lot of
rounds the day before a trial. Mr.
Cronin clarified that live birds were shot, not clays.
The Town Administrator said that Mr. Fisher under the last Cease
& Desist was collecting money to reimbursement himself for the clays
and food and then that was stopped because it changed to friends getting
together and that’s why the business has not been looked into because it
was not brought into the discussion until this evening.
Mr. Fisher said people shoot on his property by invitation only.
Selectman Karrick confirmed that a limitation would not be a
problem. Cronin said because
it’s not a set schedule, it’s impromptu, because it’s recreational,
it is not possible to say it will be certain days and times; limiting the
activity to that time of day when most people are not home would make the
most sense. Selectman Carson
asked if they are proposing to shoot just Monday – Friday.
Cronin said three or four days during the week not on any given
day. Chairman Hartman said they will start with
the reviewing the Zoning Board records.
Cronin wanted to make it clear that the business is a different
land use than recreational shooting, it should not be mixed.
Selectman Karrick said the problem is the noise which is the same
whether it’s a business or recreational.
Selectman Carson said the rationale is very gray when it’s
recreational versus business because friends on a weekend is recreational,
he also added that he lives in the village area and he heard the rallying
on a weekend for a very long and if it’s recreational the Board may have
a problem with recreational use as opposed to business.
Mr. Fisher said another problem is that there is someone else
shooting at night, he said he is getting blamed for that and it’s not
him, he said he does not shoot after 9:00 p.m.
Cronin said there is nothing in the Zoning Board minutes that
quantifies the shooting. Chairman Hartman opened the meeting to
public comments. Peter St. James said with all due respects
to the letter the Board received from Charlie Goodwin, he’s a great guy,
but there are seven abutters to Mr. Fisher.
Six abutters are adamantly apposed to what Mr. Fisher is doing.
He said Mr. Fisher keeps talking about the number of shots he
uses with his dogs but on November 12, 2008 from the Zoning Board Mr.
Fisher was asked by board member Gordon Nolan how much gun fire was used
in the process of training his dogs.
Mr. Fisher said “very seldom”.
Mr. St. James said we’ve gone from Mr. Fisher’s words very
seldom to 100s of rounds. He
said what the neighbors are talking about is the noise issue, he himself
hunts, and he also shoots maybe 12 to 15 rounds a year on his own property
to sight in his deer rifles. Now
Mr. Fisher is talking about 3 days a week a few hours a day, six guys,
five stations, that’s a lot of shooting.
Mr. St. James said he has lived there for 17 years, never had to
make a decision as to whether or not he wants to live next to a shooting
range. And now all of a
sudden he is being told by counsel, who does a good job at glossing things
over, but now he is being forced to decide if he wants to live next to a
shooting range. Mr. St. James
also obtained 25 signatures from taxpayers who are opposed and who live on
West Main St., Waldron Hill, Chemical Lane, and Bean Road, North Village
Road. Mr. St. James said that
both Mr. Fisher and his attorney say that Mr. Fisher has tried to be a
good neighbor; Mr. St. James said nothing could be further from the truth.
Mr. St. James said he and the neighbors want peace and quiet, we
all live in a R2 district, Fish and Game is in an R3 district.
The uses for an R2 district are residential, churches and parks.
Mr. St. James added that quantifying has been discussed, he said he
can’t define or quantify the noise in Article H but when you have over
25 people that are contiguous to this that say it’s too much, then
it’s too much. Mr. St.
James presented documents with rebuttal arguments that counsel and Mr.
Fisher made in the Selectmen meetings as well as the Zoning Board
meetings. Cronin said to the Board unfortunately
that’s the type of misinformation by way of analogy he’s often said in
front of a judge and jury. He said statistics is like a drunken using lamp posts more
for support than for illumination, if all of the people who signed that
petition had the same facts that he said the Board will uncover, his
suspicion is the response would be different.
Cronin added that Mr. St. James should know shooting involves more
for most people than sighting in a deer rifle once a year. Mr. St. James said go to the Fish & Game Club that
is not located in the middle of an R2 district, he also said to Cronin
that he chooses to look over the fact that Fisher is in the middle of a
neighborhood. Another audience member whose name was
unclear stated that he has shot over at Mr. Fisher’s a number of times.
He said exaggeration is something that comes into this quite wide.
He said he has shot there quite a number of times and the shooting
at Mr. Fisher’s almost never goes more than 1 hour nor has he ever known
Mr. Fisher to shoot more than once a week.
He said the constant gun fire three hours a day or more is a total
blown out exaggeration and what was previously said is not the truth, not
in his direct experience. He
also said Mr. Fisher has tried a number of times to be a good neighbor.
Chairman Hartman closed comments and the
Board will review the record. The
Town Administrator added that the Board still needs to have their
discussion as to which direction they want to go in regard to the Cease
& Desist and whether or not they lift it or advise Mr. Fisher that he
needs to go for a variance under the Zoning Ordinance.
Cronin said he is trying to avoid having a line drawn in the sand
on fundamental constitutional rights, property rights and fights over the
constitutionality of the zoning provision; he said if we can forget about
the past and pretend this issue is before the Board for the first time and
try to resolve it so that both sides are satisfied.
11. Other Business Selectman Carson asked if any communications
received in relationship to the ATVs should be part of the minutes this
evening or part of the continued meeting.
The Town Administrator recommended acknowledging the letters at the
continued meeting as well as placing a note on the June 8th
minutes to reference the file for those letters.
Selectman Karrick recommended that the minutes should be in detail.
Selectman Carson reviewed the meeting minutes from 2008 which
involved the Boundtree ATV Club. One
of the things that he noticed was the Town does not have an agreement with
Kearsarge Trail Snails. The Town Administrator will obtain the
Fisher file from the Zoning Board and see what was stated.
The Selectmen discussed arranging a site
walk on the trails that were discussed during the ATV Boundtree Club
discussion. The Selectmen decided to speak to the
resident that is requesting a Hardship Abatement at the June 22, 2010
meeting. The Town Administrator has received an
invoice from the Warner Village Water District for replacing a hydrant
that is located at the church parking lot behind the Post Office.
This replacement is considered the second digging which was
discussed previously with the Commissioners and it was agreed that the
cost would be split between the Town and the WVWD.
The Town Administrator informed the Board that there was a third
digging because the WVWD was not able to stop the hydrant from leaking
before the day ended and they had to have the company come out to do
another digging, plus there was a part that needed to be ordered.
The Town was invoiced from the WVWD that included the third
digging. Selectman Karrick is
not happy with the current drainage project and the extra expense the Town
will incur because the WVWD did not know the location of pipes.
The Town Administrator said at some point there has to be
responsibility on the WVWD side; she added that it is clear on the billing
that the third dig is invoiced to the WVWD. Selectman
Carson would like to review the procedures with the Commissioners again.
Chairman Hartman said the Town needs to know where the Town’s
responsibility stops, is it at the shut off valve or the water main.
The Board is not in favor of paying for the third digging and the
cost of the part needs to be determined based on the location of the part.
The Town Administrator informed the Board
the oak trees in front of the Town Hall will be trimmed. The Town Administrator asked the Board for a
decision regarding a request for two handi-cap signs that will be
installed on Old Denny Hill Road. The
policy for such a request is the resident pays for the sign and the
highway department will install it, however, the resident was never
informed that they would be responsible for the cost.
The cost for the sign amounts to $160.00.
Chairman Hartman moved to
waive the cost of the signs. Selectman
Karrick asked if a precedent is being set.
The Town Administrator said the only precedence is in the future
making sure the requestor is aware that they are responsible for the cost
of the sign. Selectman Carson seconded the motion; all were in favor,
the motion passed. The Board
said in the future residents will be informed of the cost. Chairman Hartman reported that he attended
the Northeast Resource Recovery Association conference on June 7 & 8.
He said there was an educational presentation on Transfer Station
operators regarding safety and issues dealing with the Transfer Station. Chairman Hartman thought it would be a good idea to have
Warner’s Transfer Station looked at.
The Town Administrator said the town‘s insurance company can do
an inspection. Chairman Hartman reported that the Concord
Regional Co-op has bought into the single-stream facility proposal; there
were sufficient votes to move forward.
Selectman Karrick asked since Concord is in favor of the
single-stream facility, does that give the Co-op enough volume to proceed.
Chairman Hartman said it gives the co-op enough volume and enough
votes, but there is still some reservation on volume and pay back. Selectman Carson reminded the Board members
on Thursday, June 10th the Joint Boards will be meeting with
the School Board. The purpose
of the meeting is for capital budget questions and asking the school to
better co-ordinate with the towns regarding their capital improvement
program. The meeting is
located at the High School. Selectman Carson said he is looking at
convening a Transfer Station Facility meeting on June 24th in
the afternoon; no time has been set yet.
Selectman Carson said that John Warner would not like to continue
on the committee, Rick Davies does and Richard Carter as well as long as
the meetings is not scheduled in the morning.
Chairman Hartman recommended that Selectman Carson review the
Transfer Station Facility plan. Selectman Carson is looking for another member.
Chairman Hartman said he would like to attend the meetings.
Selectman Carson said the Board is welcome but he is looking for
someone in the community or maybe even a committee member; Kimberley
Edelmann from the Budget Committee was recommended. On June 14th at 1:30 p.m. the
Board will discuss the Director of Public Works job description. Selectman Carson asked if there is any news
on the open position at the Police Department.
The Town Administrator said the Police Chief has received 7
applications. It was asked if
the Chief is still working in conjunction with the Town of Sutton; the
Town Administrator said no because Sutton had a preferred candidate and
was not planning to advertise.
The first step is physical agility.
Selectman Carson said he has a contact name
in the State who is responsible for enforcement of activities such as ATVs
and snowmobiles. He said he
can pass the name on to the Police Chief.
12. Meeting Minutes Selectman Karrick moved
to approve meeting minutes dated May 18, 2010.
Selectman Carson seconded the motion; all were in favor, the motion
passed. 13.
Adjournment Chairman
Hartman moved to adjourn at 9:14 p.m. Seconded by Selectman Karrick.
A vote was taken. Motion passed unanimously. Board of Selectmen David E. Hartman - Chairman Respectfully submitted, Mary Whalen Recording Secretary
|