Meeting opened at 6:00 p.m.

In attendance: Selectman David E. Hartman – Chairman, Selectman Wayne Eigabroadt and Selectman Richard A. Cook

Town Administrator - Laura Buono

Recorder of the minutes is Mary Whalen

Others present:

Rona Carr Bock                       Mike Russo                              Howard Bock                         

Tobias Nickerson                     Martha Mical                            Richard Cutting

Rebecca Courser                      Barbara Annis                          Scott Westover

Chairman Hartman opened the Public Hearing for a Barn Preservation Easement.  The requestors of the easement are Rona Carr Bock and Howard Bock.  The Bocks started looking at the preservation easement about 10 years ago when it was noticed that the barn was suffering from water damage.   A temporary repair was completed on the barn while the Bocks researched other options.  Information was obtained regarding the preservation easement.  The Bocks fully repaired the structure first before beginning the process for the easement.  Selectman Cook explained that there is RSA 79-d which allows individuals to place a discretionary preservation easement on their barns to encourage repairs of old barns.   The Bocks have created a history of the barn.  The burden on the property owner is to prove that the barn provides a public benefit.  If the Selectmen determine that the structure does provide a public benefit, the Selectmen through the easement reduce the assessed value so that the property taxes are reduced by an equal amount based on the reduced assessment.  Laura explained that at the time the application is approved any future assessments are not completed on the barn enabling the owner to use that money to refurbish the structure.  Selectman Eigabroadt explained what the qualifications are for a discretionary preservation easement; scenic enjoyment of the structure by the general public from a public way or waters, the structure is historically important on a local, regional, state or national level either independently or within an historic district, the structure’s physical or esthetic features contribute to the historical cultural integrity of a property listed on or determined eligible for listing on a national register of historic places, state register of historic places or locally designated historic district.  In order to determine if the structure demonstrates the necessary public benefit to qualify for the discretionary easement the governing body shall have reference to guidelines adopted by the advisory committee established under RSA 227.  The Selectmen need to decide if the structure qualifies by providing one or more of the public benefits. Selectman Cook reviewed point by point if the submitted structure meets the qualifications; the barn is visible from Route 103, the barn is not located in an historic district so it would need to be determined if the barn is historically important.  Ms. Bock has provided some historical information.  Rebecca Courser spoke as the historical researcher, the building is in an historic area and there is a history.  

Chairman Hartman asked if there are any public comments:

Martha Mical understands that the Selectmen decide that they are going to grant a percentage (25%-75%) value of the improvement.  Have the Selectmen decided upon a percentage?  Selectman Eigabroadt explained that there is a rating system that would assist in determining the percentage of the easement.  Martha confirmed that this evening the Selectmen will decide if they are going to proceed with the easement but no details will be determined.  Selectman Cook explained that the easement needs to be negotiated with the Bocks.  

Selectman Cook understands that this evening is for public input and then the Selectmen state whether or not they support the easement in theory, then negotiations would commence.

Rebecca Courser confirmed that the easement would then become part of the deed.  The Selectmen explained that it would be for a period up to 10 years, renewable for the same amount of time as in the original term.  The local governing body does have the discretion to set the value of the preservation easement anywhere between the 25% - 75% of the full value assessment of the barn and the immediate property pertinent to the barn.  

Martha Mical confirmed that the law states “full value” not the difference in value.  Selectman Eigabroadt explained that the RSA states “full value assessment”.  The assessment value used would be prior to any repairs, the Selectmen would then determine somewhere between 25%-75% of that value would be set for a ten year term, not including repairs or maintenance designed to encourage preservation of the structure.   The easement does require the owners to maintain the structure and would be required not to change the structure’s use.  

Chairman Hartman closed the hearing at 6:25 p.m.  

Selectman Cook made the motion that the Selectmen determine that the presented barn preservation easement application is a qualifying structure based on two criteria; visible from a road and it is a historically important structure.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

The next step is negotiation of the easement.  The Selectmen will contact the Bocks with a proposal and then move forward from there.  

Scott Westover who is running for State Representative for the first time met with the Selectmen, if elected Mr. Westover will represent Warner, Webster & Hopkinton.   

The Selectmen’s Office has received a complaint regarding the activities from a gravel pit located on Map 3 Lot 84-10A & Map 3 Lot 59.  The activity at the pit has increased resulting in dust that is coating automobiles and the house located on Map 3 Lot 57.  There is a concern that the calcium chloride (allegedly) is not being mixed with water.  Mr. Russo who lives at Map 3 Lot 57 was waiting for a copy of an actual permit which does not exist.  Mr. Russo added he has contacted Warner Aggregate with no success.  Mr. Russo submitted photographs showing the condition of his property and asked if the owner has approached the Town about building another road.  The Town has not been approached for a new road.  Martha Mical, Assessing Clerk confirmed that there is a permit on file to excavate, grandfathered.  Martha added that there is a letter on file from Tobias Nickerson stating in 1991 that the site in question is a gravel pit, and would continue to be a gravel pit.  Mr. Nickerson stated for the record that he never wrote such a letter.  Mr. Nickerson asked if anyone has read the laws governing the grandfather clause, it says specifically two years prior 1979 the pit has to be functioning and show commercial function to that.  Mr. Nickerson moved to Warner in 1981, sometime in 1986 when Mr. Nickerson was building apartments, he needed additional parking in the back and that was when he took sand from the pit.  Mr. Nickerson questions the legality of the original permit.  Laura explained the RSA 155-E specifically states what needs to be met in order to be considered a grandfathered gravel pit.  The Planning Board has recently learned that regulating gravel pits is a function of their office which means each of the gravel pit owners will need to meet with the Town in order to update the files.  Now there is a complaint before the Selectmen.  Selectman Eigabroadt explained that the Planning Board is currently creating regulations based on the State Statutes.  The Selectmen at this time will research what is required of RSA 155-E in relation to this pit.  Selectman Cook asked if previous a Board declared what pits are grandfathered.  Martha explained that when the State began intents to excavate the Town of Warner had 25 pits, it was determined by a Board of Selectmen that the landowners would be asked to either file for intent to excavate or close the pit.  There were 5 that remained and chose to stay open and were basically considered grandfathered.  Selectman Cook asked if there is a possibility of Warner Aggregate moving the driveway.  Martha explained that Warner Aggregate does not own any road frontage there is a right-of-way through Mr. Nickerson’s property.  Mr. Russo added that his family is also experiencing respiratory problems from the dust.  Barbara Annis commented that when Warner Aggregate came before the Planning Board to see if the property could be transferred from Cole to Warner Aggregate, they commented (not indicated in the written meeting minutes) they would be doing nothing different than the previous owners.  Are they doing anything different?  Selectman Eigabroadt as the Health Officer will conduct a site-visit.  Mr. Nickerson does not feel that Warner Aggregate is acting fairly; the owner has promised to make changes but never follows through. Mr. Nickerson is concerned that there is no reclamation plan on file. There is also a concern regarding the placement of calcium chloride over an aquifer. The Selectmen will conduct a site-visit on October 28, 2006 .  

Richard Cutting asked the Selectmen how the parking ordinance that is in effect on November 1^st will be enforced.  Mr. Cutting explained that there were a number of incidents last year reported to various authorities without resolution and continued through the banning period.  Mr. Cutting also referred to a continued parking problem that obstructs traffic on West Joppa , this has been reported many times again with no resolution.  Also on West Joppa Mr. Cutting referred to the Town Ordinance that prohibits fowl from running in the streets, this too is not being enforced, there is also trash littering the roadway. Selectman Cook recommends meeting with the Police Chief in regards to the enforcement of the issues discussed.  Selectman Eigabroadt recommends having Laura and the Police Chief sit down and work out a plan regarding the parking issues after which forwarding the plan to the Selectmen.  The Selectmen agreed with Selectmen Eigabroadts recommendation. It was also noted that there are vehicles continually parked on a sidewalk out by the Historical Society.  

Selectman Eigabroadt made the motion to accept the resignation submitted by Paige Doherty as a Trustee to the Pillsbury Free Library.  Selectman Cook seconded the motion.  All were in favor.  The motion passed.  

Selectman Cook made the motion to appoint Hugh Wilkerson as a Trustee to the Pillsbury Free Library until March 2007.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

Code Enforcement issues on Map 10 Lot 45 was discussed.  A “Notice of Violation” was sent to the property owner about encroachment of out buildings on the westerly side of the property.  With gathered photographs a “Notice of Violation” will be sent about encroachment of out buildings on the easterly side of the property.  The Town is waiting for results from a water test, Selectman Eigabroadt will follow up.  The Town offices received information about the number of unregistered vehicles and the operation of a doggy daycare without proper permitting along with the continued stockpiling of trash.   There is also an outstanding Transfer Station disposal fee.  Martha Mical believes that the encroachment of the structures is a civil issue not a Town issue.   Selectman Eigabroadt disagrees.  Martha also explained that the property owner did produce pictures of one of the structures that date back before zoning.  Selectman Eigabroadt does not believe those pictures are of the current structures.  The Selectmen agreed that immediate action needs to take place.   The installation of a guardrail along the road in front of Map 10 Lot 45 is being considered.  The Selectmen agreed to move forward on the first Notice of Violation that was ignored and to begin noticing the remaining violations (unregistered vehicles & building encroachment) with advisement from Town Counsel.  The Police will be contacted regarding the loose fowl.  The Selectmen’s office will address the doggy daycare that needs a Home Occupation permit.  

Selectman Cook made a motion to approve a Building Permit for Map 16 Lot 26 effective this date up until December 31, 2006.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.

Administrators Report  

NIMS Training – Ed Mical has set up a NIMS training date which is Tuesday, November 21, 2006 .  Ed will firm up the date and time but wanted everyone to reserve that evening for the training.  

November Meetings – The Board will meet on November14^th and 28^th.  

Concord Area Health Network – The CAHN has distributed Municipality Information Sheets with regard to EOCs, Shelters and PODs as well as Emergency Contact Information.  They are requesting 3 emergency contacts and Ed Mical has suggested that he be one contact, the Health Officer be a second and either the Chairman of the Board of Selectmen or the Town Administrator.  The Selectman agreed that the third contact should be the Town Administrator.  

Utility Shed – A letter was sent to a property owner on Pumpkin Hill Road with regard to a utility shed which was built without a building permit as well as too close to the property line between an abutting property.  At the time the shed was built (approximately 2 years ago), the abutter had given verbal permission to have the shed placed in that location however, now that the property with the shed on it has sold, they want it removed since it is too close to the property line.  The owners of the property with the shed on it would like to know how to rectify this situation short of moving the shed.  It should be noted that the back corner of their house is closer to the property line than the shed.  The Selectmen agreed that the structure should be moved and to waive the fees connected with the building permit.  

Gravel Pit Complaint – Each Board member was given a copy of a complaint with regard to the dust from a gravel operation at Exit 7.  The concerned party has requested that steps be taken with regard to the dust that is kicked up and settling on his home and the cars he advertises for sale at his business.  

Notary Public -   Due to the fact that there are various documents that the Selectmen sign which require a notary Laura will move forward and obtain Notary to handle such situations.  The Board agreed and also recommended obtaining Justice of Peace.  

Selectman Cook made a motion to approve meeting minutes dated September 26 meeting minutes as corrected, October 5 non-public & October 10, 2006 meeting minutes as corrected.  Selectman Eigabroadt seconded the motion. Selectman Eigabroadt asked if the corrections on the September 26^th minutes if they were substantive or grammatical.  Selectman Cook explained they were grammatical. All were in favor.  The motion passed.  

Selectman Cook referenced a correspondence regarding warrant articles on global warming.  Selectman Cook has been in contact with a couple of people who are interested in seeing that presented in a warrant either by petition or by the Selectmen’s support.  The Selectmen agreed to support the warrant.  

Motion to adjourn  

Board of Selectmen

David E. Hartman – Chairman
Wayne Eigabroadt
Richard A. Cook