In attendance:

Selectman Edward F. Mical – Chairman

Selectman John C. Brayshaw

Selectman Allen C. Brown

Recorder of the minutes: Mary Whalen

Chairman Mical opened the meeting at 6:00 p.m.

Fall Foliage Festival Board members Rachel Parsons, Alan Lord, Kim Nolan, Rick St. Lawrence, Edie Daigle, and Sallie Brassard, all met with the Selectmen to review this years festival set-up and some of the changes that are taking place. New this year, continued focus on involving people from the area, local artist Sean Carroll has agreed to provide this year’s design, new events include square dancing and entertainment on Saturday night, the 5-mile road race marks its 25^th anniversary, and the road race is now a certified race. There will be a "Comfort Station" at the Masonic Hall and a bicycle raffle on Friday night. The FFF has purchased a new refrigeration unit along with a stainless steel work table. The FFF asked if the trees on the Masonic lawn could be trimmed. Chairman Mical confirmed that required permits and insurance are in place. The FFF forwarded to the Board the 2003 flyer and a new post card.

Kevin & Angela Tarlton met with the Selectmen to discuss using municipal space for conservatory dance classes. The Selectmen referred the Tarlton’s to space in the Old Graded School, Town Hall, and also recommended Simonds Elementary and Cricenti’s vacant building.

Richard Cook, Chairman of the Conservation Commission met with the Selectmen to discuss the closing of the Badger Easement. Closing is for October 14, 2003 at the Selectmen’s meeting. A Public Hearing will be scheduled for October 1, 2003 during the Conservation Commission meeting. Mr. Cook, as Building Inspector, notified the Selectmen that he will be on vacation from September 15 through the 19^th.

Selectman Brayshaw made a motion to approve meeting minutes dated August 5, 2003 and work session meeting minutes dated August 13, 2003. Selectman Brown seconded the motion. All were in favor. The motion passed.

The Selectmen discussed Mr. Azmy’s property on Route 103. Selectman Brayshaw conducted a site visit pertaining to the cement block that is located in the Class VI road and also reviewed with Mr. Azmy any inconsistencies related to the approved Site-Plan. Selectman Brayshaw went through the shed that is located on the site plan and concluded that there was no addition made to the building, the building was reconstructed. Mr. Azmy has moved the truck to the end of the parking area. There was discussion at the September 8, 2003 Planning Board meeting regarding a letter that was sent to Mr. Azmy from the Board of Selectmen directing him to contact the Planning Board in order on September 8^th. Barbara Annis, Planning Board Chairman, explained to the Board that she is in receipt of the same letter that Mr. Azmy received which stated he was to contact the Planning Board in order to arrange a meeting with on September 8^th and in the letter a cease & desist order would be forth coming if Mr. Azmy did not meet with the Planning Board to clarify deviations in the approved Site Plan. Mrs. Annis was not notified by the Selectmen that Selectman Brayshaw was in the process of negotiating with Mr. Azmy. Mr. Azmy stated that he had left a message with the Planning Board but did not receive a return call. Chairman Mical clarified with Mr. Azmy that he had met with the Board on September 2, 2003 referencing said letter and stated that he would be attending the Planning Board meeting for clarification toward the approved Site-Plan. Selectman Brayshaw clarified for the record that he made a comment at the Planning Board meeting on September 8^th that it was news to him that a Cease & Desist order would be activated if Mr. Azmy did not show for the meeting. Selectman Brayshaw signed the letter from August 13^th (to Mr. Azmy) knowing that a Cease & Desist order would be issued if Mr. Azmy didn’t come into compliance. Selectman Brayshaw clarified that it was not mentioned to Mr. Azmy at the September 2, 2003 Selectmen’s meeting that there would be a Cease & Desist order if Mr. Azmy did not show for the meeting. Chairman Mical clarified that the Cease & Desist was stated in the letter dated August 13, 2003 which Mr. Azmy received. The Selectmen’s Office has on file a certificate of mailing dated August 13, 2003, hand delivery date of September 2, 2003, and certified mail received on August 29, 2003 all by Mr. Azmy. Selectman Brayshaw asked Barbara Annis if the Planning Board received notice from the Board of Selectmen regarding concerns pertaining to Mr. Azmy’s Route 103 property. Mrs. Annis researched all records and the approved Site-Plan and responded to the Board requesting that Mr. Azmy return to the Planning Board. Selectman Brayshaw asked Mrs. Annis if the Planning Board completed a site visit of Mr. Azmy’s property. Mrs. Annis explained that she has driven by the Azmy property many times, and no, there was not a site visit. According to the approved Site Plan, Mr. Azmy is to have parallel customer parking only in the front of the building, and an island as a buffer between the parking and Route 103, there is a fence that has been erected that was not on the Site Plan. The Board reviewed the Site Plan map regarding the buffer area. Selectman Brayshaw questions whether there is enough room for a buffer. Mr. Azmy informed Selectman Brayshaw that the woodpile and sawmill would be removed from the property. Mrs. Annis also explained that there is no description about out door services. The Selectmen discussed the Cease & Desist order as stated in the August 13^th letter. Subject tabled.

Mr. Doug Heath met with the Selectmen to discuss building a barn on a lot of land that does not have a primary building. The Selectmen explained that sheds have been allowed on raw land with the stipulation that the property owners begin building the primary building within the year. Mr. Heath does not plan on building a home in the near future. Mr. Heath’s primary dwelling is located on the lot beside where he is proposing to build. Mr. Heath is not interested in merging the properties. The Selectmen recommended that Mr. Heath call the Zoning Board Secretary to arrange for an appointment. Selectman Brayshaw commented for the record that there has been at least two sugar houses constructed like a pole barn that have been granted without a primary building.

At this time Mr. Azmy joined the discussion. Selectman Brayshaw stated for the record that a Cease & Desist order is a very harsh action. In the past there have been threats but no follow through. The role of a Selectman is to enforce but to also communicate. Selectman Brayshaw has met with Mr. Azmy several times over the past five years. Selectman Brayshaw asked Mr. Azmy if the truck could be moved out of the Site Plan area. Mr. Azmy stated that the truck is a legal vehicle and that there is nothing stated on the Site Plan that indicates customer parking only. The Selectmen and Mr. Azmy reviewed the Site Plan again. Selectman Brown recommended that Mr. Azmy revise the approved Site-Plan and return to the Planning Board for an amendment and to hold off the Cease & Desist order until the revised Site-Plan is reviewed by the Planning Board. Mr. Azmy is in agreement. Selectman Brayshaw would like to work in conjunction with the Planning Board. Selectman Brown commented that there must be an understanding with Mr. Azmy that if he does not follow through and revise the Site Plan and return to the Planning Board that the Cease & Desist order will go into effect. Mrs. Annis commented that there are no guarantees that the Planning Board will accept the revisions to the Site Plan. Mr. Azmy asked the Selectmen if the Site Plan is not approved, does that mean he is shut down. Selectman Brown commented that the Board will then need to make a decision.

The Board discussed the Naughton property. Selectman Brayshaw visited with Mr. Naughton. A site walk was completed. Mr. Naughton is still actively looking for property. Selectman Brayshaw recommended a discussion with Mr. Naughton and all the neighbors. The Selectmen’s Office is in receipt of two letters one from Linda Mueller and the other from Mildred Allen regarding the vehicles that are parked along Poverty Plains Road. Selectman Brayshaw drove by at different hours and noticed two haulers parked on Mr. Hurd’s property questionably in the Town’s right-of-way. The Selectmen’s Office sent a letter to Mr. Hurd regarding the parking on his property, the Selectmen’s Office never received a response. Selectman Brayshaw will try to contact Mr. Hurd.

The Public Hearing for the Martin/Odd Fellows building is scheduled for September 23, 2003 along with the Wage Study Committee update to the public. Proper notification has been issued. Chairman Mical presented three hazardous material assessment proposals to the Board for their consideration for the Martin building. Contaminates at the Martin building will be noted for public information during the hearing. Selectman Brayshaw made a motion to secure a company preferably in New Hampshire to complete a hazardous material assessment in the Martin Building before the September 23, 2003 Public Hearing. Selectman Brown seconded the motion. All were in favor. The motion passed.

Judith Rogers asked if the Town had voted to have an engineering study on the Martin building.

Chairman Mical commented that a vote was approved for money to be placed in a Capital Reserve Fund.

Richard Senor commented that the Selectmen could spend the funds as they see appropriate. Mr. Senor asked the Board for a copy of the purchase & sale of the Martin building.

Selectman Brayshaw asked the Board if a quote for demolishing should be available at the Public Hearing. The Selectmen are looking for the Town’s position regarding the Martin building.

The Selectmen received a letter from a property owner on Split Rock Road referencing a sign that is on their property. The Selectmen will reply to the property owner stating that they may remove the sign.

Selectman Brayshaw commented about the signs that are at Evans Mart advertising Internet access. Selectman Brayshaw will speak to the owners regarding a Sign Permit.

The Selectmen received a letter requesting permission to set up a bulletin board at Brown Realty. The Board will forward a Sign Permit application. The Board will review the permit application upon receipt.

The Selectmen signed an appointment for James McLaughlin and John Dabuliewicz as Conservation Commission representatives to the Central New Hampshire Regional Planning Commission Regional Resource Conservation Committee.

A work session is scheduled for Monday, September 15, 2003 at 8:00 a.m. for the budget process and the inspection report from the Department of Environmental Services.

Selectman Brayshaw updated the Board about the September 8^th Planning Board meeting. An application for a sub-division on Brown Road was received. Mr. Wentzel met with the Planning Board for an application approval, public concerns were received, and the Planning Board has scheduled a meeting for Tuesday, September 23, 2003 for further review of these concerns. Condominiums were proposed for Map 29 Lot 2-2.

Chairman Mical updated the Board regarding Parks & Recreation Commission. Work has started on the Riverwalk Project, volunteers are needed.

Judith Rogers commented that this month the New Hampshire City & Town Clerks Convention will be held. Mrs. Rogers will post the closing dates for the Town Clerk’s Office. There will also be software training and new election law training session. Mrs. Rogers commented about the status of the dog forfeiture fund. Mrs. Rogers commented that there is a seat open in the county which is an appointed position, if an elected official from Warner’s district applies and is appointed to the county seat that will leave an elected position open, which means there would need to be an election to replace the vacant seat. Mrs. Rogers commented that she would like to know the procedure for the security system, what the sequence of events are following a panic button activation, she also commented on the motion activated lighting that is in the back of the Town Hall. The light does not activate until you are directly behind the building, and needs to be adjusted.

Barbara Annis inquired about the installation of voice mail for the Planning/Zoning telephone. Provan & Lobar has been set up to oversee the development at Exit 9. The Department of Transportation has stated that a traffic study is not necessary at Exit 9, but if a traffic study is completed it will be only on the new development. Mrs. Annis commented that individuals residing in various towns within the school district are not paying the same amount of money to educate the same children. The Town of Warner is out voted constantly, people who have represented the Town of Warner have not been effective. The Town of Warner was burned regarding the Hopkinton landfill. Let the other towns take care of themselves.

The Selectmen signed Building Permits and an Intent-to-cut.

Selectman Brayshaw made a motion to adjourn at 9:16 p.m. Selectman Brown seconded the motion. All were in favor. The motion passed.

Edward F. Mical – Chairman

John C. Brayshaw

Allen C. Brown