Warner Board of Selectmen Meeting Minutes July 18, 2006
Meeting opened at 7:00 p.m. In attendance: Selectman David E. Hartman – Chairman and Selectman Richard A. Cook Town Administrator, Laura Buono Recorder of the minutes is Mary Whalen
Others present: Diane Hall Robert Firth Doug Sweet Richard St. Lawrence Martha Mical Ed Mical Brian Hotz Diane Hall met with the Selectmen to obtain approval for a "Home Occupation Permit" for educational organic gardening classes. Abutters have been notified with no objections. Based on the information received, the Home Occupation application meets the required criteria. A "Sign Permit" application was forwarded to Ms. Hall to be submitted when ready. Selectman Cook made the motion to approve a "Home Occupation Use Permit" for Diane Hall of 57 Retreat Road to carry on classes for organic herb and vegetable gardening and edible landscaping for birds and humans. Chairman Hartman seconded the motion. The motion passed. Mr. St. Lawrence met with the Selectmen at their request to explain why he built a garage without a building permit. Mr. St. Lawrence explained that initially he replaced a structure that was slightly smaller situated on stilts. Once the structure was removed the area was filled 4.5 feet higher at the front and 9 feet higher in the back. Mr. St. Lawrence said that once he learned that a building permit was required he submitted the paperwork but not until the structure was nearly complete. Selectman Cook asked Mr. St. Lawrence if he has pictures of the previous structure. Mr. St. Lawrence said that he has pictures that date back to the 1960’s & 1990’s. The TA explained that office documents indicate that the structure was removed from the property cards in 1994 and that Mr. St. Lawrence was advised that he needed a building permit prior to the new construction. Selectman Cook explained to Mr. St. Lawrence that the new structure would not be considered a replacement due to the lapse of time (12 years). The submitted building permit application was dated April 18th; it was received in the Selectmen’s office on July 3rd. Chairman Hartman explained that the existing zoning ordinance dictates the set backs required for the structure. The current location requires a variance from the Zoning Board, Chairman Hartman measured the structure at approximately 22 feet from the Warner River. Chairman Hartman also explained that this violation warrants a penalty that could begin at $0 - $275.00 per day. A certified letter explaining the fines was sent to Mr. St. Lawrence but was never accepted (a copy was handed to Mr. St. Lawrence). Ed Mical explained that this structure is situated within the floodplain. If the Town takes no action, FEMA could take action against the Town regarding the flood insurance program which could directly affect other residents in the Town that are in the program. Also, the non-compliant structure can effect available grant funding from FEMA. The elevation of the structure needs to be determined by a licensed engineer. Before making a decision the Selectmen will visit the site on Thursday, July 20th. Selectman Cook made the motion to appoint Elizabeth Young as an alternate Library Trustee until March 2007. Chairman Hartman seconded the motion. The motion passed. Robert Firth met with the Selectmen to notify the Board about his building changes. Doug Sweet accompanied Mr. Firth to explain the changes in the septic design. Chairman Hartman explained that at the last Selectmen’s meeting it was explained to Mr. Firth that if the State does not require a new septic design because of the relocation of the dwelling then he could proceed with the current building permit. If the State requires a new septic design, then a new building permit would need to be applied for. Mr. Firth explained that he needs to move forward and was upset to learn that his current permit may become null and void because he has changed the location of the structure. Mr. Firth referenced a meeting with the TA as hearsay. The TA clarified that her report to the Selectmen is not based on hearsay. Mr. Sweet explained that Mr. Firth contacted him saying that he has changed the location of the dwelling and could he use the current indicated leach field or should he consider else where. Mr. Sweet revisited the site and recommends using the current leach field design. Because the design will now include a pump system the State is requiring a new submittal (currently in process). Mr. Sweet does not foresee any approval problems from the State. Selectman Cook asked Mr. Firth what the current status is on his property. Mr. Firth has not submitted a new plot plan. Selectman Cook reminded Mr. Firth that he has created these issues; the Selectmen are trying to uphold the ordinances along with working with Mr. Firth. Selectman Cook would consider allowing Mr. Firth to move ahead without the approved septic design. An updated plot plan needs to be submitted. Mr. Firth has begun the foundation to the dwelling. The TA’s concern is based on everything that has transpired up to this point, and that Mr. Firth is not to occupy the property without a certificate of occupancy in order to prevent further action from the Town. Chairman Hartman recommends watching the progress of the construction and setting a deadline of September 15, 2006 for an approved septic design or the building permit will be rescinded. The Selectmen require that Mr. Firth submit a new building permit indicating the new location of the dwelling. The Selectmen will visit the site Thursday, July 20th. Conservation Commission Chairman, Brian Hotz met with the Selectmen for approval to pursue two conservation projects. The first project is a 2.2 acre parcel gifted from the Herbert Goodwin Revocable Trust. Selectman Cook made the motion that following a public hearing the Board of Selectmen will accept the gifted parcel located on Map 7 Lot 44. Chairman Hartman seconded the motion. The motion passed. The second project is the Courser Farm project. This parcel is the primary farm property off of Schoodac Road. The parcel has been identified by the Conservation Commission as a focused area. The project has been led by the Ausbon Sargent Land Trust; an application has been submitted to Federal Farm and Ranch Land Program for a grant to acquire a conservation easement off of the Courser Family on 138 acres. The federal program requires a match for any project. Ausbon Sargent has approached the Commission asking the Town to contribute to the project with the understanding the Town would hold an executory interest. The overall project cost is approximately $520,000.00. The Courser Family has agreed to donate a portion of the value (approximately $115,000.00) and has asked the Conservation Commission for $125,000.00 from their fund. The grant is in excess of $230,000.00 along with private fund raising. Of all the Courser projects, this one particular is the most expensive because of the road frontage and the farm land. A public hearing will be scheduled for July 27th, the Selectmen will need to agree to accept a backup executory interest in the easement to ensure that the investment in the project is secure. A vote from the Board cannot be accomplished this evening because of the lack of a full board and Selectman Cook’s interest in the project. Public access would be guaranteed within the easement. The long term stewardship responsibilities will be by Ausbon Sargent Land Trust. Mr. Hotz also commented on the Commission’s interest in the Concord Regional Co-op and the proposed landfill project. Several members have been following this issue and have some concerns. Mr. Hotz asked the Board how the Selectmen feel the Commission should be interacting with this issue. A representative from the Co-op is scheduled to meet with the Commission at their next scheduled meeting on August 2nd. The Commission would like to meet with the Board after the August 2 meeting. Selectman Cook is interested in the Elm Tree Grant Program. Salt resistance and cost is being researched. The Selectmen need to determine the status of a landlocked property located on Map 22 Lot 002. The Assessing Clerk explained that a size needs to be determined for the structures that are on the property or allow what is on the property as of a determined date. The current property owners have not been taxed for a building on the property since they have owned it, it was believed that the structures were situated in Salisbury. The Assessing office does have pictures of the structures dating back to 1991. Since then, the property owners have added on to the structure without a building permit. The Board is waiting for a site-visit report from Selectman Eigabroadt before finalizing their determination. Chairman Hartman and Selectman Cook will arrange a site-visit and will contact the grandson of the property owner about the visit. Selectman Cook asked that the Board determine if a Selectman or the TA be the liaison to the Budget Committee. Selectman Cook feels that since the member has voting status it should be a Selectman. Chairman Hartman made the motion to nominate Selectman Cook as the Board of Selectmen’s representative to the Budget Committee. Selectman Cook seconded the motion. The motion passed. Administrator’s Report Department of Labor – The Department of Labor conducted an inspection on Thursday, July 13th and overall the town faired well. A formal report will follow from the DOL. Insurance – The TA met with a representative from Local Government Center last week to discuss alternatives for health insurance in order to save money. LGC currently has another plan which is very comparable to the current plan with the exception of an annual deductible on certain treatments (emergency room, MRI’s, chemotherapy, etc.). All other benefits are the same including the mail order prescriptions and primary care physicians. If the Town picked this plan up and offered it as the plan the town is willing to pay for, it would save almost $29,000 at the current rates. The TA recommends the employees would still be able to stay on the plan that they currently have but would have to pay the difference between the two. Martha Mical suggested asking for the rep. from LGC to meet with the Selectmen along with the employees involved for a clear understanding. Chairman Hartman and Selectman Cook would both be agreeable toward reducing health insurance costs. The TA will arrange a meeting. CIP – Other than central air for the Town Hall, is there anything the Selectmen would like to see presented to CIP this year? The final stage of the Town Hall roof needs to be added. The TA asked the Board if they are interested in a building maintenance & repair expendable Capital Reserve Fund. This CRF would cover some of the bigger ticket items such as boiler repairs, roof repairs, chimney repairs, etc. and could be funded at perhaps $5,000/year up to a certain dollar amount. The TA explained the establishment of such a fund helps offset spikes in the tax rate. The Selectmen are open for more discussion. Recycling Committee – Ms. Evie Joss came in the other day and said that she is interested in serving on the recycling committee. She had seen the notice in the newspaper and would like to join. Richard Senor is also interested. The TA will contact the previous members regarding their interest. Wagner – The equipment has still not been removed from this property and the TA would like to find out what the Board would like to do as the next step? The Selectmen agreed that the next appropriate step should be taken. Bartlett Loop – Allan Brown is looking for some direction from the Selectmen with regard to the repairs in this area. If approved, FEMA will pay 75% of the cost to put the damaged area back to the way it was prior to the flooding. Allan would like to see the road remained closed with the road dead-ended and the fish and game corner reconfigured due to the dangerous intersection. Allan is checking with the State of NH to see if they would be willing to work with the Town and it would end up taking about a week of labor to cut the corner back for site distance. If this is acceptable and if the damaged area is approved for reimbursement, FEMA would end up paying approximately 56% of the original damage estimate. Selectman Cook recommended the opinions from the Police Chief and Fire Chief before deciding. Chairman Hartman feels that there are higher priorities and would like further discussion with Mr. Brown. Selectman Cook asked the Assessing Clerk for the number of Veteran applications since the changes that were approved at Town Meeting. Selectman Cook made a motion to sign a Veteran’s Property Tax Credit for Map 30 Lot 37. Chairman Hartman seconded the motion. The motion passed. Selectman Cook made the motion to approve work session meeting minutes dated June 27, July 5, meeting minutes and July 5, 2006 non-public meeting. Chairman Hartman seconded the motion. The motion passed. The leases for Kearsarge Children Center and the Co-operative Preschool will be reviewed for adjustments. Selectman Cook thanked the Indian Museum for the complimentary tickets to the Pow Wow. Selectman Cook mentioned that there could be a structure being built on Map 7 Lot 10 that may not have a building permit. The office will take notice. Mill Street: PSNH is moving the wires with an anticipated completion date of July 21. The telephone company has been notified; Weaver Bros. are aware of the current activity. Completion date is still on schedule.
Motion to adjourn 10:00 p.m. Board of Selectmen David E. Hartman – Chairman
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