In Attendance: Selectman Robert C. O’Connor – Chairman

Selectman John C. Brayshaw

Selectman Edward F. Mical

Recording secretary: Mary Whalen

Public Attendance: Gamil Azmy

Chairman O’Connor opened the work session concerning property lines at 12:07 p.m.

The issue is the activity that is going on between Mr. Gamil Azmy and Mr. Willard Richard concerning the Class VI road that runs between the properties. The police have been called to the properties on a number of occasions. There are two issues: 1. Clarification regarding the Class VI road right-of-way and 2. A Home-Occupation permit for the landscaping business that is located on Mr. Richard’s property.

The Board will send a letter to Mr. Richard stating that a Home-Occupation Permit is required for the portion of the business that is in Warner. The letter will be reviewed by the Board at the August 13, 2002 Selectmen’s meeting.

The Board reviewed the Warner Zoning Ordinances pertaining to the right-of-way of the Class VI road:

It is not clear if the containers that are on Mr. Richard’s property are in Webster or Warner. It was suggested to have Mr. Gerald Courser or Gary Young walk the bounds for the determination.

Selectman Mical met with the Webster Board of Selectmen on August 5, 2002. In 1941 the town of Webster voted to discontinue the road in question. Selectman Mical asked the Webster Board of Selectmen if by that vote did the land revert back to the property owners. Webster is checking with Legal Counsel. A letter will be sent to the Warner Board of Selectmen with Webster’s findings. Selectman Mical inquired if the property owners ever received any notice from Webster stating that the road has been discontinued and reverted back to the property owners.

At this time Mr. Richard will be notified by the Board about the open containers needing a variance and about a Home Occupation Permit for the landscaping business on his property. Town Counsel will be consulted regarding the enforcement.

Selectman Brayshaw is in favor of blocking off the Class VI road.

Selectman Mical would like to see in writing that the Board of Selectmen can close a road. The Statute (RSA 674:41 & 47) states that a road may be closed temporarily (i.e. road construction).

At this time Selectman Brayshaw reviewed the Statutes referring to the authority of the Selectmen. The road has not been used or maintained for over five years which classifies it as discontinued. It was decided by the Board to consult Town Counsel before a letter is sent to Mr. Richard. Chairman O’Connor will arrange for the Board to meet with Town Counsel on Thursday August 8, 2002.

Mr. Neil Cohen has re-submitted the packet for possible abatement of property taxes. The Board will make their final decision on August 13, 2002.

Selectman Mical made a motion to continue this work session until August 8, 2002 at 8:00 a.m. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

Chairman O’Connor made a motion to re-open the work session to allow Mr. Gamil Azmy to make a statement. Selectman Mical seconded the motion. All were in favor. The motion passed.

Selectman Mical asked Mr. Azmy if the Town has a copy of the property map that he was referring to. Mr. Azmy confirmed that the Planning Board has a copy.

Selectman Mical made a motion to continue the work session on August 8, 2002 at 8:00 a.m. Chairman O’Connor seconded the motion. All were in favor. The motion passed.

August 8, 2002, 8:00 a.m.

Chairman O’Connor opened the work session at 8:00 a.m. Mr. Gartrell was unavailable to meet with the Board until August 9, 2002. Chairman O’Connor made a motion to continue the work session until August 9, 2002 at 8:00 a.m. Selectman Mical seconded the motion. All were in favor. The motion passed.

August 9, 2002, 8:00 a.m.

Chairman O’Connor opened the work session at 8:00 a.m.

In attendance: Chairman Robert C. O’Connor

Selectman John C. Brayshaw

Selectman Edward F. Mical

Town Counsel – Mr. Donald Gartrell

First item to be discussed with Mr. Gartrell is the Board of Selectmen’s position pertaining to the enforcement of the Superior Court decision on trucking being received before 7:00 a.m. to R.C. Brayshaw & Co. Inc. on New Market Road.

Chairman O’Connor explained that both he and Selectman Mical have spoken to the owners Mr. and Mrs. Richard Brayshaw about the deliveries and it was determined that it was Naughton & Son Recycling that was picking up the trash. The Brayshaw’s have made arrangements with Naughton & Son to arrange the trash pick-up after 7:00 a.m. Also a sign has been noticed stating that there will be no turning around in the back of the building only into the loading dock up front.

Chairman O’Connor asked Mr. Gartrell with the few instances when there are rush deliveries is the Town interfering with their business practice. The trucking has been reduced to three trucks a week.

Mr. Gartrell reminded the Board that it was the Brayshaw’s intent to limit the trucking with the expansion of the facility.

Selectman Brayshaw asked Mr. Gartrell if it was promised by the Brayshaw’s to limit the trucking or a decision of the Zoning Board. Selectman Brayshaw noted that other businesses in residential areas have not been repressed in regards to their deliveries.

Mr. Gartrell referred to the statements that were made in court by representatives of R.C. Brayshaw & Co. Inc. that deliveries would be reduced because the external storage container would no longer be needed. Mr. Gartrell confirmed that the trucking was a part of the decision. The stipulation is binding on the business and if the Selectmen take a view that the condition can be waived then that subjects the Board to scrutiny, where a petition to re-open the case could be placed because the Board of Selectmen did not enforce the decision by the Superior Court.

Selectman Brayshaw asked Mr. Gartrell if the company makes an effort to abide by the decision but then there is the occasional early delivery and the fact that the trucks have been cut back by sixty deliveries are these conditions a consideration.

Chairman O’Connor asked if the Board of Selectmen are the enforcing body in civil matters that come from a court decision or is the Board the enforcing body on matters pertaining strictly to the Town (Zoning etc.). Does the Board have a right to ask the Police to help enforce the courts decision?

Chairman O’Connor asked if the Board should address the party that has tried to abide by the decision or do they focus on the party that is breaking the decision. Mr. Gartrell feels that both parties need to be addressed, but the ownership is on R.C. Brayshaw to control the delivery trucks.

Selectman Brayshaw commented that the conditions that were placed on R.C. Brayshaw came from and inexperienced Zoning Board and that R.C. Brayshaw did not agree to those conditions. Mr. Gartrell stated that if R.C. Brayshaw was not in agreement then an appealing process should have been followed but that right was waived. Once the case is final the decision is what it is.

Selectman Brayshaw stated that all trucks going down to New Market are not all going to R.C. Brayshaw & Co. Inc.

Mr. Gartrell reminded the Board that the condition pertains to deliveries only.

Chairman O’Connor asked Mr. Gartrell about boundary issues regarding the Class VI road that is situated between Mr. Gamil Azmy’s property and Mr. Willard Richard’s property.

Selectman Mical informed Mr. Gartrell that this issue started last year when the town bound appeared to be in the wrong location. Warner then hired a certified surveyor to re-establish the town bound. The bound was set in 2001. The other issue is the Class VI road. The Webster portion of the road was discontinued in 1941. Selectman Mical asked the Webster Board of Selectmen the status of the road and did not receive a clear answer. There is encroachment taking place on the Class VI road. Selectman Brayshaw asked if the town can shut down Warner’s section of the road. Mr. Gartrell referred the Board to the County Commissioners because they take care of roads that run along town lines. Roads can be discontinued by either non-maintenance for a consecutive five years or by town vote. There is also a body of statutes that states that no one has the right to obstruct a public highway and no one acquires rights against the public right-of-way by encroachment. Selectman Brayshaw asked about the RSA that states that the governing body has a right to temporarily close a road. Mr. Gartrell said that is pertaining to construction, seasonal or emergency.

The Board explained to Mr. Gartrell that Mr. Richard is encroaching on the Class VI road and had Mr. Gartrell review a letter to be sent to Mr. Richard listing the Zoning violations.

Mr. Gartrell informed the Board about Mr. Henry Aplington that chaired a committee that did an extensive study about all the roads in the town of Warner.

The Board reviewed two prints. Mr. Azmy’s is a site-plan and Mr. Richard’s is a certified survey.

Mr. Gartrell finished reviewing the letter and explained to the Board that they have the power to fine any violations and possible court action.

Chairman O’Connor asked Mr. Gartrell about the property that was previously owned by Mr. Fairfield Whiting and recently acquired by the Town of Warner due to back taxes. The dilapidated barn was discussed. Mr. Gartrell needs to do further research regarding the dismantling of the barn. Mr. Whiting did express a desire to buy back the property, when the Town received that letter another was sent to Mr. Whiting with the buy back amount. To date there has been no further contact with Mr. Whiting. The Assessing Clerk joined the meeting at this time.

At this time Mr. Gartrell informed the Board that meeting with Town Counsel is not regarded as a public meeting per the Right-to-Know Law. Chairman O’Connor stated that this meeting is a continuation from August 6, 2002.

Mr. Gartrell reviewed the letters that have been sent to Mr. Whiting. After August 15, 2002 Mr. Whiting will not be able to repurchase the land back. The Assessing Clerk asked if the Town sells the property does the Town profit or does the previous owner receive anything above and beyond the cost. Mr. Gartrell reviewed the RSA stating that after the Town receives all back taxes and fees then the municipality must file excess proceeds with the Superior Court. Mr. Gartrell informed the Board that the land could be sold for back taxes only. The Assessing Clerk asked if the land could be sold in the open market. Mr. Gartrell recommended a public proceeding.

The Board then discussed propane. Chairman O’Connor and Selectman Brayshaw would like to go with Country Side Propane. Selectman Mical reminded the Board that Country Side is looking for a two year commitment. A letter will be drafted stating that if the price goes over $1.00 then the contract will be rescinded. If Country Side Propane agrees with this term then the Board will follow through with the two year contract.

The roof was discussed. Selectman Brayshaw asked if the Town was paying for work that was previously done. Selectman Mical stated that the work being done is on the section that was not previously worked by a prior contractor. Clarification will be made with the Finance Director.

Selectman Brayshaw made a motion to adjourn at 9:11 a.m. Selectman Mical seconded the motion. All were in favor. The motion passed.

Robert C. O’Connor – Chairman

John C. Brayshaw

Edward F. Mical