Warner Board of Selectmen

Work Session

October 9, 2007

Meeting opened at 6:12 p.m.

In Attendance: Selectman David E. Hartman – Chairman

            Selectman Richard A. Cook

Absent:             Selectman Wayne Eigabroadt

Recorder:         Mary Whalen                       

Others Present:

Laura Buono – Town Administrator

Paul Violette – Planning Board

Chris Connors – Conservation Commission

Martha Mical

Marianne Howlett  

(Note: Side A of the audio tape did not record)  

1. PLANNING BOARD CIP REQUESTS

The Selectmen met with the Planning Board Vice Chair Paul Violette for clarification on the submitted Capital Improvements by the Planning Board; $20,000 Traffic Signal Installation Exit 9, $25,000 Park & Ride Construction with Traffic Signal (exit 9 signal) and $12,500 Land Acquisition – Access Roads & Cross Easements:  

2. HARTE PROPERTY - MAP 17 LOT 11 (side b)

Chris Connors from the Conservation Commission met with the Selectmen and discussed her concerns regarding the activity by Mr. Harte that has taken place along the waters edge and the potential diversion of the Warner River .  Selectman Cook said if Mr. Harte submits a building permit the Board of Selectmen should deny the permit based on RSA 674:41 which states a property cannot be built upon if it does not have road frontage.  Selectman Cook also explained that Mr. Harte is asking the Zoning Board for a variance from the set-back that is shared with the Town.  Selectman Cook said Mr. Harte does not know where his property line is; it is unclear how Mr. Harte will know how much variance to ask for, there is no survey of the property.   

Martha Mical and Selectman Cook discussed the location of a stake on Mr. Harte’s property, Martha believes the stake indicates a boundary line, Selectman Cook believes the stake is for the location of the back of the house.  Selectman Cook noted that Mr. Harte was digging on Town property making the area flat and Selectman Cook assumed the area was for the house.  Selectman Cook does not believe Mr. Harte knows where his boundary line is.  Martha said he could measure from the fence.  Selectman Cook said the accuracy of the fence is unknown.  Martha added that a survey would not be required of any other property owner who does not know where their boundaries are.  Selectman Cook explained that this property has been determined by the Town to be  unbuildable, Mr. Harte is trying to convince the Town that it is,  Selectman Cook thinks that Mr. Harte has to go to a measure beyond what somebody who has a known existing bound that is not in the floodplain and not determined unbuildable.  Chairman Hartman added the Mr. Harte has ignored the wetland rules.  Martha Mical said that Selectman Cook reported Mr. Harte to the Department of Environmental Services and DES said that what Mr. Harte has done is fine based on what Mr. Harte said to Martha.   

Chris Connors said the Conservation Commission’s point is that the property is within the floodway.  Chris showed an overlay of the floodplain map and the town map at the same scale showing the majority of Mr. Harte’s property is in the floodway.  The walls that Mr. Harte built would be referred by the Army Corp of Engineers as a dam of the floodway, which is also a violation of the Town’s Floodplain Ordinance (altering any water course).  Chris said under normal circumstances if someone applied to DES for a permit DES would in-turn notify the Army Corp of Engineers for their approval.  Chris Connors said the Warner River which is protected by the Shoreline Protection Act, FEMA, Army Corps of Engineers and the EPA; by putting a retaining wall along the Warner River that is within a floodway Mr. Harte has violated a Federal law in addition to State law.  Chris is concerned as well as Mr. & Mrs. Davis who own property across from Mr. Harte because of the way the river meanders, if the walls are high enough to divert flood waters properties that are across and after the wall would need to be able to sustain a higher volume of water.  Selectman Cook asked if DES has visited the site, Chris said that DES told the Commission that they would visit the site, it is not clear if that visit has taken place.  Chris wants the building permit and the alteration of the floodway addressed as two separate issues.  Chris said if this is a floodway issue, Mr. Harte will be required to hire an engineer to prove  the construction of the walls is satisfactory as well as prove there is no impact anyone else’s property; if all is satisfactory Mr. Harte will also need to provide land for the floodway replacing what he took away.  The Board of Selectmen will review the Floodplain Ordinance in relation to the Harte property.  

3. MARIANNE HOWLETT – TAX RATE

Marianne Howlett encouraged the Selectmen’s office to continue contacting the school district and Department of Revenue in regards to setting the tax rate.  It was also recommended contacting the school reps.  To date the school district has not provided DRA with the necessary information for the Town’s to move forward.  

Meeting adjourned at 7:28 p.m.

Board of Selectmen  

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