Warner Board of Selectmen

Meeting Minutes

September 24, 2002

 

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

Selectman John C. Brayshaw

Selectman Edward F. Mical - Absent

Recording secretary: Mary Whalen

Chairman O’Connor opened the meeting at 6:30 p.m.

The regular Selectmen’s meeting was canceled and an open forum was arranged to talk about the Town’s growth and receive input from the Town’s people. Chairman O’Connor explained to the floor that in the past two years the new home building permits have increased and if it continues it will lead to large expenditures for the Town in services and schooling. Representatives from the Planning Board, Zoning Board, and the Kearsarge Regional School Board were in attendance to be part of the discussion. Selectman O’Connor explained that no decisions would be made on this night, the Board is looking for input from the community on which direction to go pertaining to the growth. The growth cannot be stopped, but it can be controlled. The discussion will be held solely to Town Growth.

The following is a summary of some of the community’s comments:

Comment- How can you keep the Mink’s from being over populated?

Selectman Brayshaw – The Conservation Commission looks for Conservation Easements on properties.

The Conservation Commission is currently active in preserving the Minks Hills area. Warner is experiencing a northern movement.

Comment- Do you have any examples of the Zoning Ordinances from other Towns that were successful in limiting their growth?

Chairman O’Connor - Town’s are limiting their growth by a percentage of their population. You take the a population of 3000 people and divide the average size family of three, your total is 1000 then you take a percentage of that (.0139) to come up with the number of new home building permits (13.9), and then caveats are added regarding builders or developers.

Selectman Brayshaw – Some Town’s stopped giving out building permits as long as there was a moratorium in place. Do we want to limit new homes and open dirt roads that will eventually need paving? These are the questions that the Board is looking to answer.

Comment - School and taxes are a concern but something much bigger, is the quality of life, and predominately the people attending this meeting would like to keep the small town quality of life. There is a concern when 1.3% growth is mentioned, calculated with 1% of the population, it doubles within fifty years. To broaden the scope of this discussion, what will Warner look like in fifty years? There are other towns available for those who want the big town amenities.

Chairman O’Connor - Back in the 1700’s 50% of the State of New Hampshire was clear cut. Since then the State of New Hampshire and its people have taken the stance that clear cutting to that extent should not happen again, along with local control and State Laws at this date there is only 15% of New Hampshire that is clear cut. With development on the rise it’s up to local control to make sure clear-cutting all the land doesn’t happen again. That’s why we are all here tonight.

Mr. Richard Cook – Chairman of the Conservation Commission offered another approach to slowing down the growth in Warner, and that is putting Conservation Easements on property for a number of reasons, environmental, and historical reasons. Many Towns south of Warner have started programs like this and many of them started too late. The Town can vote a Bond Issue where so much money will be put up and over time be used to purchase Conservation Easements that will keep open space and keep land in private hands. This is a tool that the Town can examine when looking at controlling growth in Warner, its non-regulatory, its voluntary, but it’s permanent and can be effective if directed to meet the goal of the community.

Mr. David Carroll - "I favor Mr. Cook’s suggestion. If you do not purchase land or encourage private land owners who are willing to go into Conservation Easements and set land aside you will be undone. Our whole culture, economics, our politics mandates the maximization of land use. The Town of Chester raised a three million-dollar bond issue to purchase land with a natural habitat. Land needs to be set aside or the Master Plan means nothing. A town could vote and say that they do not want more than 5000 people. If the towns around you have 10,000 people you are obligated to open your doors and accept a larger population. The only way around that is if the Town buys land or private land owners start putting land in Conservation easements. From personal experience the last stronghold that you have is land ownership.

Mr. Proulx - Going with Mr. Cook’s recommendation this leaves building areas more in the central areas of Town. Are there any restrictions for cluster housing or multi-family units, and does a multi-family dwelling count as one building permit?

A member of the Zoning Board read the Zoning Ordinance pertaining to cluster development. The purpose of the Zoning Board is to provide flexible alternatives to conventional development, which will be consistent with the character of the Town of Warner, and which will promote the health, safety, and general welfare of Warner residents. Specifically these cluster development regulations are designed to protect scenic, historic, forested, fragile, or other sensitive land, wet lands, wild life habitat and agricultural lands. Preserve open space, encourage imaginative and economical approaches to land development in harmony with natural features and encourage the efficient use of land.

Comment - Is there a legal possibility that cluster development and multi-family units be eliminated?

Selectman Brayshaw - New Hampshire State Law would supercede any local governing laws when pushed.

Comment - Ultimately an Ordinance change comes down to the Town of Warner. Its not the Selectmen that would set the Ordinance, it would go before the Town of Warner for election.

Selectman Brayshaw - The Town as a unit votes to discontinue a road subject to gates and bars. In 1958 and 1963 the Town of Warner had done that with certain roads in Town as long as property owner where not land locked.

Mr. Allan Lord - For years I was under the assumption that Class VI meant that you couldn’t develop, but the Town has been making acceptions for a number of years. Do you put a moratorium on the development on Class VI roads where it keeps the outer reaches of the Town unreachable?

Selectman Brayshaw - The Town at one time would allow development on Class VI roads as long as a codicil was put on the Deed, relinquishing the Town from any Town services. Then it changed to no development on Class VI roads unless the owner pays for the cost for bringing the road up to Class V specification. Ultimately there is not stopping it.

Chairman O’Connor - On Mr. Proulx’s question about cluster development; no more than four units in any one structure in an R2 zone, no more than two, two units shall be located in any one structure in R3, OC1, or OR1.

Chairman O’Connor referred to the table in the back of the Zoning Ordinance book on what is allowed in the Town of Warner without a Special Exception.

Comment - Cluster development is not necessarily a bad thing. It may be a way of preserving open space. If you want to keep the character of the Town maintaining open spaces some form of cluster development may be appropriate.

Mr. Allan Brown - On saving land in the Town of Warner, my family has been in the Town of Warner since the 1800’s. With the new people moving in with these $300,000.00 homes that are driving the assessments up are making it difficult to hold onto the land. If my family decides to sub-divide and sell it off, are you saying we can’t because someone doesn’t want to see two houses in 400 feet. Who’s going to pay me back if the Town re-zones. I’ve paid taxes for the last thirty years.

Chairman O’Connor - There will be no decisions made this evening. This meeting is dedicated to information.

Mr. Allen Brown - If you want to control the lot next to you then buy it. The Zoning Board has so many Zoning articles that they don’t know what they have on the books; they can’t keep track of what they are doing. Its time to stop.

Mr. David Hartman - A constructive way of looking at what a community can do to help protect itself from growth. Mr. Hartman agrees with the concept of putting land in easements.

Martha Mical - I am in favor of limiting the new home building permits. Mrs. Mical agrees that the Conservation Commission is doing a great job, but does not agree with restricting where someone can build. Do not put it on the tax payers to raise the money for land; if you wish the Conservation Commission to preserve land then give a donation, there is a Land Fund you can donate to.

Mr. Allan Brown - In the Master Plan it says that you develop your infrastructure. You develop inside the center of Town. Mr. Charlie Albano also commented on the development of the infrastructure.

Comment - The character of the Town needs to be maintaining the current charm along with the growth. A town in Virginia maximized their green spaces by taking a parcel of land and requiring everyone to have a one acre lot, but then requiring the homes to be clustered in the center so it becomes a community with green space. Also before they were allowed to build they had to support the fire and rescue, police, and sanitation etc, so the Town would not have to play catch up.

Comment - Who assesses Impact Fees? Is it the Selectmen?

Chairman O’Connor - The Impact Fees is a possibility to look at.

Selectman Brayshaw - One impact on the community would be allowing a liquor store down at Exit 9.

Comment - I hope that this is not the only meeting dedicated to this Growth issue. Selectman Brayshaw reminded the public that the Selectmen meet weekly. Maybe the week by week meetings is not the best way to get a large number of people together to air opposing viewpoints.

Mrs. Barbara Annis - There will be Non-Residential Architectural results coming out soon; they are posted public meetings with little or no public attendance. The Capital Improvements Program is coming up. The Budget Committee meetings will be starting up.

Comment - A gentleman from the Town of Weare commented on the growth of Weare and was interested in Warner’s discussion on growth control and the lack of it in Weare. The question asked was how you keep your Master Plan updated. Chairman O’Connor explained that the Planning Board was the group that gathered the information for the Master Plan. Selectman Brayshaw commented that a variety of people with different ideas getting together are the Boards approach. Also Derek Pershouse commented that Central New Hampshire Regional Planning Commission helped put the Master Plan together along with the Planning Board.

Selectman Brayshaw - There was a proposed sub-division on Old Denny Hill Road were the road needed to be upgraded. That’s where the Impact Fees would benefit the Town. Do I as a resident and Tax payer want to pay for someone else’s road improvement?

Comment - Is the Town of Warner moving in the direction of paving all the dirt roads?

Selectman Brayshaw – If the Town is in the road building business, it would take over 50 years to notice the savings from paving versus maintaining a dirt road. If it is as Allan Brown (Public Works Director) says, $1,700 a year to maintain a dirt road.

David Carroll - Being near an Interstate, Warner is the next Bow. Money needs to be set aside for the purchase of land. Do not wait until it is too late. Warner still has a chance.

Comment - Planned growth would be better for the big and small landowners alike if it were done well. There are three issues in front of the Planning Board right now. First is commercial growth. The Planning Board is considering a comprehensive set of Site Plan Regulations which will affect how all commercial development will look in the Town. The Planning Board is now taking on the Capital Improvement Plan. Both Planning and Zoning Boards meet monthly.

Mr. Charlie Albano - Development that was stopped on top of Kearsarge Mountain Road. I thank the Selectmen for this opportunity to voice opinions on growth. More comments followed in favor of this meeting and encouragement to the Board to proceed with a monthly meeting dedicated to growth.

Chairman O’Connor - The amount of people that attended this meeting and the positive feed back (60-70 people attended). Is encouragement to continue these talks.

Comment - Can the Town decide what type of businesses we want to attract.

Jim McLaughlin - (Planning Board) The Town refers to the Zoning Ordinance to determine the uses in Town. Mr. McLaughlin introduced Lucy St. John from Central Regional Planning Commission who has been helping the Planning Board with the Site-Plan Regulations. Ms. St. John constantly talks to Towns with the same growth issues. Impact Fees, you need Capital Improvements Program in place. Growth management, a lot of towns has this in place using a percentage. It can be challenged. Zoning can be looked at with maybe larger lots, cluster development etc. Jim Mclaughlin challenged those in attendance to consider being a member of the Zoning Board, Planning Board, or the Conservation Commission; these Boards are always looking for people. By the end of this meeting a number of people signed up for various Boards.

Comment - It was informed that Route 93 is planned to be widened.

Alice Chamberlin - With a process that allows the community and different Boards to focus on ideas that can be accomplished, it’s important to have carry through.

Selectman Brayshaw and Chairman O’Connor proposed to continue this meeting for every third Tuesday of every month.

The meeting closed at 8:30 p.m.

Robert C. O’Connor – Chairman

John C. Brayshaw

Edward F. Mical