Town of
Warner –Planning Board

Meeting Minutes

January 3, 2011 7:00 PM

Warner Town Hall , Main Hall  

 

Members Present:     Barbara Annis, Paul Violette, Ed Mical, Rick Davies,

                                    Peter Wyman and David Hartman

Members Excused:    Dan Watts

Members Absent: None       

Members Arriving Late: None

Alternates Present:    J.D. Colcord and Aedan Sherman.

Alternates Excused:  None

Alternates Arriving Late: None

 

OPEN MEETING AT 7:00 PM

ROLL CALL

 

Barbara Annis opened the meeting at 7:00 PM . The roll call was taken.

Barbara Annis elevated J.D. Colcord to a voting member.  

1. MINUTES  

Approve minutes of December 6, 2010

Approve minutes of December 20, 2010 Work Session  

J.D. Colcord made a MOTION to APPROVE December 6, 2010 meeting minutes. Peter Wyman seconded the motion all were in favor. December 6, 2010 meeting minutes were APPROVED.  

Paul Violette made a MOTION to APPROVE December 20, 2010 Work Session minutes. Peter Wyman seconded the motion and all were in favor. December 20, 2010 Work Session minutes were APPROVED.  

2. LOT LINE ADJUSTMENT           

            Applicant/Property Owner: William D. Chapin

            Agent:  Jeffrey A. Evans

            Property Location: Map 12, Lot 53; Zoning District OC-1

            Description: Lot line adjustment between Map 12 Lot 53 and Lot 51--                                                           no changes contemplated in existing use.  

Jeffrey Evans introduced himself. Mr. Evans said he was asking for a simple lot line adjustment to add 9 acres to lot # 51 which would leave Lot #53 with 12 acres.  

Barbara Annis asked Aedan Sherman, Ed Mical, and Paul Violette to look over page 1 of the checklist.  

Barbara Annis asked David Hartman, Rick Davies, Peter Wyman, and J.D. Colcord to look over page 2 of the checklist.  

The Board finished reviewing the checklist.  

Paul Violette asked if the dotted line that was on the plan from the old setback of the original parcel could be removed on the new Mylar. Mr. Evans said he could make that change.  

Rick Davies also stated that the Tax Map Parcel number was not on the lot but up further on the plan. Mr. Evans said he could drop that information down to appear on the parcel itself.  

Rick Davies asked about the former easement that was shown on the plan. Mr. Evans stated that was abandoned. It now appears as what is known as a “cloud” on the title. Mr. Chapin stated there was a release on it when the utility pole was removed. He also stated the easement has been abandoned for years.  

Rick Davies asked why the contours at 10’ were not shown. Mr. Evans stated it was not necessary since they are not trying to create a buildable lot since one already exists.  

Rick Davies asked about the statement on the checklist that is supposed to be on the final plan stating: “This plan shows a conveyance of land for the purpose of lot line adjustment/annexation as defined in the Warner Subdivision Regulations. This approval does not constitute a subdivision.” The statement on the current plan presented by Mr. Evans had different wording. Mr. Evans said he could make the change.  

J.D. Colcord made a MOTION to ACCEPT the application for Lot Line Adjustment. Ed Mical seconded the Motion and all were in favor.  

Barbara Annis asked if any abutters were present that would like to make any comments. No abutters were present.  

Paul Violette made a MOTION to APPROVE the Lot Line Adjustment with the following CONDITIONS:

1. Remove setback line on existing lot.

2. Move identification down onto parcel area.

3. Change verbiage on plan to read: “This plan shows a conveyance of land for the 

     purpose of lot line adjustment/annexation as defined in the Warner subdivision

     regulations. This approval does not constitute a subdivision.”

4. All requested information and Mylars must be received within 90 days or the

     Conditional Approval will expire.  

J.D. Colcord seconded the MOTION and all were in favor. The Lot Line Adjustment was Conditionally Approved.  

Mr. Evans and Mr. Chapin thanked the Board and left the meeting.  

3. LOT LINE ADJUSTMENT           

            Applicant/Property Owner:  Market Basket, Inc

            Agent:  Lee Gagnon, TFMoran, Inc

            Property Location: Map 14; Lot 7; Zoning Districts C-1

            Description: Lot line adjustment between Map 14, Lot 7 and Lot 16--                                                             no changes contemplated in existing use.  

Lee Gagnon of TFMoran introduced himself as the representative for Market Basket. Mr. Gagnon explained that his company was hired by Market Basket to survey the property. Mr. Gagnon explained that the property had discrepancies between the current survey boundary lines shown on the tax map and the original deeds.  

When surveying the property no wire fence, pins, monuments etc could be found that would coincide with the information for the boundary lines on the current survey map. Mr. Gagnon said that since there were no reference points such as wire fencing, etc. to reference he used the boundaries and distances to find the property bounds. Mr. Gagnon stated that after some research it was concluded that there were errors in the previous survey. He stated an appointment was also made with the Board of Selectmen to resolve some of the issues with the Town owned abutting property. He stated that he was here tonight requesting a Lot Line Adjustment with Market Basket and the Flanders property to clean up some of the errors.  

Mr. Gagnon presented a copy of the current survey map with different colored highlighted lines to demonstrate to the Board the discrepancies found in the boundary lines.  

Paul Violette asked if all the boundaries lines will be shown on the final plan. Mr. Gagnon said they all need to be on record because any quit claim deeds would reference the plan.  

Ed Mical asked if the old plan is referenced on the new plan being presented. Mr. Gagnon said yes it is referenced in the description section.  

Mr. Gagnon stated that the Flanders have a barn on their property that is on the correct boundary line between their property and Market Basket. Market Basket representatives decided to do a Lot Line Adjustment of approximately 50’ to the Flanders to help them meet the setback requirements for the barn.  

Barbara Annis asked Rick Davies, David Hartman, Peter Wyman and J.D. Colcord to look over page 1 of the checklist.  

Barbara Annis asked Paul Violette, Ed Mical, and Aedan Sherman to look over page 2 of the checklist.  

The Board finished reviewing the checklist.  

Rick Davies asked if the “Date of Survey” was the date they were in the field or the date the plan was drawn. He was told it was the date the survey plan was drawn.  

Paul Violette stated that the Map and Lot # need to be on the parcels for the final plan.  

Paul Violette said a granite post with pin is required at the front corner of North Road at the new lot line between Market Basket property and the Flanders property.  

Paul Violette made a MOTION to ACCEPT the application for Lot Line Adjustment. Ed Mical seconded the Motion. All were in favor.  

No public was present.  

Paul Violette made a MOTION to APPROVE the Lot Line Adjustment with the following CONDITIONS:  

1. Map and Lot numbers shall be referenced on each parcel

2. A Boundary Monument shall to be placed at the front corner of North Road at the new    

    lot line between Market Basket and Flanders .

3. All requested information and Mylars must be received within 90 days or the   

    Conditional Approval will expire.

Peter Wyman seconded the MOTION. All were in favor. The Lot Line Adjustment was Conditionally Approved.  

Mr. Gagnon thanked the Board and left the meeting.  

4. CONTINUATION OF MASTER PLAN  

A. FUTURE LAND USE MAP

 

Vanessa Goold reviewed the Future Land Use Map with the Board. Vanessa Goold stated the southwest corner of the commercial/industrial area in pink was reverted back to the 1999 version where the River Conservation Area extended down along the River’s edge. She stated the other change made was around Pleasant Pond area going back to orange to designate it as residential rather than commercial. Peter Wyman said the area where the storage facility is needs to be put back to pink to designate the area as commercial. Vanessa Goold said she will make that small change.  

B. COMMUNITY FACILITIES MAP  

Vanessa Goold showed the Board the proposed Community Facilities Map showing recreational trails in the Warner area.  

 Paul Violette stated that a lot of the trails shown were really Class VI roads and not actual recreational trails.  

The Board agreed that most of the trails shown were snowmobile trails. Vanessa Goold said that may be what was originally referenced to create the map.  

Ed Mical said the second water storage was missing from the map. Vanessa Goold verified its location and will put it on the map.  

After a brief discussion the Board agreed to leave the map as is.    

David Hartman pointed out that the Martin Building and the Old Fire Station were mislabeled. Vanessa Goold said she would fix that. David Hartman also said the Town calls the Old Grade School Building the “ Old Graded School ” Vanessa Goold said she would fix that typo.  

C. IMPLEMENTATION CHAPTER  

The Board continued working with Vanessa Goold on the Implementation Chapter by going through the recommendations and assigning a cost rating, project leader and who would assist with each one. The Board ran out of time before finishing all the recommendations.  

Vanessa Goold stated she could return January 24, 2011 to finish the last of the recommendations with the Board.  

Vanessa Goold will be placed on the Agenda after the Public Hearing for Subdivision Regulations changes.  

5. Communications and Miscellaneous  

A request was submitted by the Town Administrator regarding portable Saw Mills to the Zoning Board of Adjustment. However, since the Zoning Board of Adjustment is not allowed to give consultations the request was brought before the Planning Board.  

In the Zoning Regulations, Table 1, Use Regulations; Wholesale, Transportation and Industrial portable Saw Mills are permitted in only a couple of Zoning Districts and the rest need either a Variance or a Special Exception. The question was raised that if a person owns or rents a Portable Saw Mill for personal use does it still fall under this section of the Zoning Ordinance since they are not selling any of the wood.  

The majority of the Board did not feel the intent of the Zoning Ordinance was meant for people renting or purchasing a Portable Saw Mill for their own personal use. They felt that the Ordinance is for someone that would be using the Portable Saw Mill to sell the wood.  

David Hartman stated the Selectmen were just informed that people with Portable Saw Mills need to register with the State and pay a fee to the State.  

The Board discussed the need to review the Use Regulations Table for better clarity.  

The Board agreed to ask the Board of Selectmen discuss “personal use” of Portable Saw Mills.    

6. SUBCOMMITTEE REPORTS  

BOARD OF SELECTMEN  

David Hartman stated that the three old campers were removed from Map 29; Lot 004.  

7. PUBLIC COMMENTS  

No public was present.  

8. ADJOURN  

Peter Wyman made a MOTION to ADJOURN. Dan Watts seconded the motion and all were in favor. The meeting was adjourned at 10:02