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Town of Warner –Planning Board Meeting Minutes June 7, 2010 7:00 PM Warner Town Hall, Lower Level Members Present:
Barbara Annis, Paul Violette, Rick Davies, Ed Mical, and Dan
Watts. Members Excused:
David Hartman, Hank Duhamel Members Absent:
None Members Arriving Late: None Alternates Present:
J.D. Colcord, Peter Wyman, Aedan Sherman, Clyde Carson 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 Peter Wyman to a full Board member. 1. MINUTES Approve minutes of May 3, 2010 Approve minutes of May 17, 2010 Work
Session Rick Davies made a MOTION
to APPROVE May 3, 2010
meeting minutes. Paul Violette seconded the motion all were in favor.
May 3, 2010 meeting minutes were APPROVED.
J.D. Colcord noticed his name was missing from the Members Present
section in the May 17, 2010 work session minutes. Rick Davies noted a
typographical error. Rick Davies made a MOTION
to APPROVE May 17, 2010 Work
Session minutes As Amended.
Peter Wyman seconded the motion and all were in favor. May 17, 2010 Work
Session minutes were APPROVED as
Amended. 2. VOLUNTARY MERGER Applicant: Edward and Ethel Merlene Shampney Property Location: 393 Couchtown Road Map 15 Lots 47-1 and 47-2
Description: Voluntary merger of two lots Barbara Annis asked if Edward and Ethel Merelene Shampney were in the
audience. Mr. and Mrs. Shampney were not present. Barbara Annis said Mr.
and Mrs. Shampney are proposing to merge Lots 47-1 and 47-2 on Map 15. Paul Violette asked if the Voluntary merger would need to be
postponed since the Shampneys were not present. Barbara Annis stated
Mrs. Shampney was told they did not need to attend the meeting. Ed Mical stated he assumes the lot would be known as 47-1. Barbara
Annis stated that could be specified. Ed Mical made a MOTION to APPROVE
the merger of Map 15 Lots 47-1 and 47-2 into Map 15 Lot 47-1. Dan
Watts seconded the motion. Dick Cutting stated he had met with Edward Shampney and Edward
Shampney said he was unaware of the merger being applied for. Mr.
Cutting stated he followed up with Edward Shampney by giving him a copy
of the Voluntary merger application form that was submitted and Edward
Shampney told Dick Cutting that was not their signatures. Barbara Annis verified with Dick Cutting that Edward Shampney said
the signature was not in fact his signature. Dick Cutting said that is
what Edward Shampney said and he was not aware of the merger being
applied for. Paul Violette asked if Dick Cutting had spoke with Ethel
Merlene Shampney and he said no he had not. After a brief discussion the Board felt they should wait to see if
either Ethel Merlene Shampney or Edward Shampney would be attending the
meeting at a later time. Ed Mical WITHDREW his
original MOTION and Dan Watts
seconded the withdrawal. Ed Mical made a MOTION to TABLE
the approval until later in the meeting to see if either of the
applicants would attend the meeting. Dan Watts seconded the motion and
all were in favor. 3. CONCEPTUAL CONSULTATION
Applicant: Louis
Burrington Property Location: 12 School Street, Warner, NH Map 30; Lot 27 B-1 Zoning
Description: Possible
Minor Subdivision to create two buildable lots Barbara Annis introduced Louis Burrington. Louis Burrington explained he would like to divide the property into
two sections; the upper section would have 10,000 square feet however,
the lot with the existing home would only have 8600 square feet. Louis
Burrington said he understands the Town Zoning regulation has a 10,000
square feet minimum buildable area. Mr. Burrington was hoping to
possibly get a variance for the minimum buildable square footage. Barbara Annis verified the property is in a B-1 District with a
200’ frontage; however a buildable area of not less than 10,000 square
feet is required. By subdividing based on the proposed plan one of the
lots would have the correct square footage however, the lot with the
existing home would not have the 10,000 square feet requirement. Barbara Annis stated the Planning Board could not give a variance.
Mr. Burrington’s next step would be to have a survey done and to make
an application with the Zoning Board of Adjustment. Rick Davies also let Louis Burrington know that per the Zoning
Ordinance Use Table a one family detached home in the B-1 District is a
Special Exception; therefore, he may want to apply for the special
exception at the same time as the variance. Mr. Burrington thanked the Board and joined the audience. 4. CONCEPTUAL CONSULTATION
Applicant: Hayley Cummings (EPONA Tanning, LLC) Property Location: 25 East Main Street, Warner, NH Map 30, Lot 001 B-1 Zoning
Description: Proposed
Tanning Salon Barbara Annis introduced Hayley Cummings. Ms. Cummings gave a brief
description of her proposed Tanning Salon. Ms. Cummings stated that the
closest Tanning Salon is 20+miles away and thought the location at 25 E.
Main Street would be ideal with the size being right to start out. Ms.
Cummings stated there would be two tanning beds and one tanning booth. Barbara Annis asked if there was a lot of electricity involved and if
there would be any changes made to the electric. Ms. Cummings stated she
has received quotes from a local electrician to make a few slight
changes to accommodate the electricity needed. Rick Davies asked Clyde Carson if he knew of any rules for closing
times of businesses. The application stated the Tanning Salon would be
open until10pm. Clyde Carson said as far as he knows there is not. Ms.
Cummings stated the times can be adjusted. Rick Davies said the building is ADA compliant as confirmed by the
owner of the business at an earlier meeting date. Clyde Carson asked if this really is a full change of use of the
premises since it is a retail shop going into a place where another
retail shop had already existed. Paul Violette stated this really is not a conceptual consultation but
rather a site plan review waiver request. Paul Violette sated that since
no major changes are being done a waiver of a full site plan review
could be done. Ed Mical stated at the present time there is no procedure for a
request for waiver of a full site plan review. Ed Mical feels the
current Planning Board procedure needs to be amended to accommodate such
requests. Although the process has been started it is not effective at
this time. A brief discussion was held regarding conceptual consultations. Ms.
Cummings asked what is the difference between a conceptual consultation
and a Site Plan Review. Paul Violette explained in a conceptual
consultation no action can be taken. Paul Violette stated a Full Site
Plan would require more information and fees to be paid. Paul Violette suggested getting permission from the applicant to
change the application to place a checkmark next to Site Plan Review so
a decision could be made in regards to a waiver of a Full Site Plan
Review. Ms. Cummings stated she understood the difference between a
Conceptual Consultation and a Site Plan Review and gave her permission. Rick Davies stated that in a Full Site Plan Review abutters are
notified. The secretary and Ms. Cummings conformed that letters to
abutters were sent out to all abutters within 200 feet. The difference
between a Conceptual Consultation and a Site Plan Review is that the
letters for a Site Plan Review are sent to abutter via certified mail.
Barbara Annis stated that there are times that a Full Site Plan is not
required. Peter Wyman asked if a Full Site Plan would be necessary since one
retail business is leaving and another is going in that is allowed on
the Use Table. Ed Mical stated that since letters were sent out the abutters should have a chance to speak. Jim McLaughlin stated he did not feel that the business would fit the
need to have a Site Plan Review and he feels it would be reasonable for
the Board to waive the need for a Full Site Plan Review. There were no other questions or comments from the public. Rick Davies reminded Paul Violette that the Telephone Museum was an
abutter therefore Paul Violette recused himself as an abutter and sat in
the audience. Barbara Annis elevated Aedan Sherman to a full Board
member. Ed Mical asked if a building permit would be necessary since there
are some electrical changes needed. Ms. Cummings said she has already
spoken with the Selectmen’s secretary about obtaining a building
permit. Dan Watts made a MOTION No
Full Site Plan is required. Clyde Carson seconded the Motion. All
were favor. A Full Site Plan Review is not required for the proposed
Tanning Salon. 5. CONCEPTUAL
CONSULTATION Applicant: Peter Ingold Agent: Douglas Sweet/Bristol and Sweet Property Location: 340 West Joppa Road, Warner, NH Map 6, Lot 8, R-3 and OR-1 Zoning
Description: Minor
Subdivision to create two buildable lots Paul Violette rejoined the Board at the table. Mr. Doug Sweet introduced himself as Peter Ingold’s authorized
agent. Mr. Sweet stated Peter Ingold owns 37 acres with an existing home
on the property that is within two (2) Zoning Districts (the front
section in the R-3 and the rear southern portion is in OR-1) Mr. Sweet
stated the intention is to transfer the house and some land to a family
member that would be 11 ½ acres so the land would be kept in current
use. The remainder lot would be approximately 25 ½ acres. Mr. Sweet said the current plan is based on some current rough
measurements and an old survey from 1972 that has the contour lines with
a north and northeasterly aspect. Mr. Sweet stated the northerly end of
the front section has about a 6 or 7% slope, that gets a little steeper
in the rear portion and quite a bit steeper at the very south end of the
lot. Mr. Sweet stated that the soils are well drained. There is a small
stream that runs through the property at the northwest corner that goes
through a large pipe under Loud Lane; there is also a water course on
the proposed house lot that comes down somewhat parallel to Bear Pond
Road and turns into a wet spot. There is no outlet of the wet spot seen;
the water disappears into the ground. Mr. Sweet said there is a little section of class V road shown on the
plan when you head south to the intersection where West Joppa Road turns
east and Loud Lane goes west. Barbara Annis asked if it is on a Class VI
road. Mr. Sweet pointed out on the plan it is a Class V road and stated
there is enough road frontage. He stated that there is a Class VI road
east of that point. Paul Violette stated that on the Tax Map on the other side of Bear
Pond Road the property is not numbered, therefore it looks as if the lot
is included in Lot 8. Mr. Sweet stated he believed that to be a
different tract with separate deeds. Barbara Annis suggested talking to
Martha Mical, Accessing Clerk, regarding the numbering on the Tax Map. Mr. Sweet stated that the proposed house lot is large with good soils
and has an onsite water/well and sewerage disposal system and he was
wondering if the Board would consider waiving the soil test. Rick Davies thought that would be something the Board would consider
waiving. Barbara Annis suggested Mr. Sweet put all his waiver requests
in writing at the time the application is submitted. Mr. Sweet asked if the Board would consider waiving the onsite
topography/contour requirements for the lot with the existing house. Mr.
Sweet said he would like to use the stone wall that runs southwesterly
from Loud Lane as a dividing line. He stated he would need to miss a
little bit of the wall right at Loud Lane because from the property line
coming from the west it is not quite 250’ to where the wall is. Mr.
Sweet stated there is room to put a driveway between the stone wall and
the stream. Rick Davies stated there would need to be proof placed on
the plan that there is 3 acres of buildable land. Mr. Sweet proposed using the old tape and compass survey from 1972
for the larger 25 acres of land. Mr. Sweet agreed to demonstrate there
is 3 acres of buildable land. Mr. Sweet asked if the Board would consider waiving the soil test for
the larger remaining 25 acre lot. Rick
Davies asked for proof that there is 3 acres of buildable land placed on
the plan. The Board agreed that Mr. Sweet’s request for waivers were
reasonable requests. Mr. Sweet thanked the Board and left the meeting. 6. SITE PLAN REVIEW Applicant: Neil and Katharine Nevins/Main Street Prop of Warner LLC Property Location: 16 East Main Street, Warner, NH Map 31, Lot 2, B-1 Zoning
Description: Site Plan
Review for Phase II of the Jim Mitchell Community Park
(construction of an outdoor stage and changes to the parking area
on Main Street) on the property of MainStreet BookEnds Paul Violette and J.D Colcord recused themselves and joined the
audience. Barbara Annis elevated Aedan Sherman as a Full Board Member. Barbara Annis introduced Neil Nevins and
George Pellettieri. Mr. Nevins stated he has come before the Board to
update them on Phase II of the Park’s construction. Mr. Nevins stated
Phase II will include the construction of an outdoor stage/amphitheater,
revisions to the parking lot and completion of the terraces leading from
the stage up to the top of the hill where the granite wall extends
around to the south side of the barn. Mr. Nevins stated due to the
construction for the drainage being done and successful fundraising
Phase II is ahead of schedule. George Pellettieri stated although
construction of Phase I is not complete, a decision was made to start
Phase II of the project since the heavy equipment was in the area. A
decision was made to start construction on the back hill side rather
than disturbing the land twice. Ed Mical asked if Phase I was completed. Mr.
Nevins said no partially due to the drainage construction that is
ongoing at this time. Dan Watts asked what the formal definition of
Phase II is. Mr. Nevins stated that Phase II consists of the
construction of the outdoor stage as well as finishing the terraces on
the west side and finishing the remaining details of the front parking
that needed to be changed slightly due to the drainage problems. As a
result of some changes dictated by the drainage construction the parking
lot was able to be doubled in capacity. Dan Watts asked what the size of the stage
is. Mr. Nevins said it is 32 feet in the front and 16 feet on either
side and in the back. Mr. Nevins stated it will be a post and beam
structure with a foundation all around. The height will be 12 feet in
front and goes back to 8 feet in the back. It will be covered with three
sides enclosed. Mr. Nevins stated it will be in the style of an old
barn. Mr. Pellettieri stated the stage orientation has been changed from
the current plan to face more towards the terraces that were created and
it will still meet the setback requirements. Barbara Annis asked how the new stage
orientation will affect the parking area shown on the plan near the
outdoor stage. Mr. Pellettieri stated the parking will be essentially
behind the stage. Mr. Nevins stated the area is not a parking lot but
rather a temporary parking for anyone who would need access to the stage
for delivering equipment to set up. The area would be closed off when
not needed. Rick Davies asked if there would be buffered
landscaping behind the stage. Mr. Pellettieri stated there would be a
mix of evergreens that would be approximately 8-10 feet tall dependent
upon the budget. Rick Davies asked if the new stage
orientation would help keep the noise up hill. Mr. Pellettieri said yes. Rick Davies asked what hours would the stage
be used. Mr. Nevins stated it would not be different from any of the
outdoor performances they have already had ending for the most part
before dark. Rick Davies asked if lighting would be added
to light up the stage. Mr. Pellettieri stated flood lighting may be
added to the barn for security purposes and for the rare times when
events may occur after dark especially during Fall Foliage Festival. Rick Davies asked if there was a waiver
requested for landscape plantings details in Phase I. Mr. Nevins stated
yes there was. Barbara Annis stated yes there was a waiver of the
plantings. Mr. Pellettieri gave a brief description of
the walkway between the library and the park. Rick Davies said that it seems that with the
way things have been evolving Mr. Nevins does not have a fixed plan
therefore would it be possible to put in an “As built” condition as
part of a decision. Mr. Pellettieri gave a brief description of the terraces and the access to the different levels of terraces. He stated that the terrace levels will be handicap accessible by a ramp. Barbara Annis stated Mr. Nevins asked for a
waiver of all fees associated with the cost of Site Plan Review. Barbara
Annis stated that the entire amount for all associated fees were paid in
Phase I. Barbara Annis stated that she does not have a problem waiving
the application fee but due to the budget she is hesitant to waive the
fees for postage and advertising. Mr. Nevins stated that he did not object to
paying the postage and advertising fees. Ed Mical made a MOTION to WAIVE the
application fee. Dan Watts seconded the Motion and all were in
favor. The application fee was waived. A.
Review Application- Accept/Reject/Continue Barbara Annis stated there was no checklist
with the application. Mr. Pellettieri stated he thought that when Phase
I was presented to the Board on March 9, 2009 they would only need to
come back before the Board with an update for Phase II; therefore they
did not think a checklist would be needed. The secretary left to check to see if a
checklist was included with the Phase I application. ED Mical asked if a drawing of the stage was
included on the plan for Phase I. Mr. Nevins said no there was no
drawing. Ed Mical said he would like to see a drawing of the stage. Dan
Watts agreed. The secretary returned with the file for
Phase I and Barbara Annis looked through the file for the checklist.
There was no checklist found. Mr. Pellettieri asked what the wording of the
Notice of Decision for Phase I was. Barbara Annis read the Notice of
Decision dated March 9, 2009 aloud: Date of Decision:
Monday, March 9, 2009 You are hereby notified that
the Warner Planning Board has Approved the application for a Site Plan Review of Phase
I for Main Street Prop. Of Warner, LLC/Neil and Katharine Nevins, 16 East
Main Street, Warner, NH. Property
location: 16 East Main
Street, Warner, NH 03278, B-1 zoning, Map 31, Lot 2
Purpose:
Phase I of the creation of a community park on the property of
MainStreet BookEnds and to implement the landscaping aspects of that
portion of the park. Property
Owner: Main Street
Prop. Of Warner, LLC, 16
East Main Street, Warner, NH ____________________________ Barbara Annis, Chairman Warner Planning Board cc: Applicant, File, Town
Clerk, Building Inspector RSA 677:15 Any person aggrieved
by any decision of the Planning Board concerning a plot or subdivision
may present to the superior court a petition, duly verified, setting
forth that such decision is illegal or unreasonable in who or in part
and specifying the grounds upon which the same is claimed to be illegal
or unreasonable. Such
petition shall be presented to the court within 30 days after the date
upon which the board voted to approve or disapprove the application. Barbara Annis asked the Board if they would
still like to accept the application without the checklist. Ed Mical made a MOTION to ACCEPT the application for Site Plan Review. Rick Davies
seconded the MOTION. All were in favor. The application for Site Plan
Review was accepted. B.
Close Meeting and Open Public Hearing Barbara Annis closed the meeting and opened
the Public Hearing. Paul Violette stated that he felt this was a good
project. J.D. Colcord agreed with Paul Violette. With there being no
other public input Barbara Annis closed the Public Hearing. C. Close Public Hearing and
Re-open Meeting. Barbara Annis re-opened the meeting for discussion. Barbara Annis
stated the Board could approve, disapprove or approve the plan
conditionally. A brief discussion was held regarding what conditions
were going to be included such as an “ as built” when the project is
substantially complete if any substantial changes are necessary, stage
drawings, and copy of
easement. Barbara Annis voiced concern regarding the outdoor entertainment with
the apartments being close by. She was concerned that people living in
the area with small children may not appreciate loud noise later at
night. She said she would like to see a time limit placed on the
entertainment. Barbara Annis explained although Mr. Nevins stated the
entertainment would not run late into the evening if they were to ever
sell the property the new owners would need to follow the same agreement
with an ending time for entertainment. Mr. Nevins stated he did not have
a problem with the time limitation and that he had already been in touch
with the neighbors. D. Action Taken-
Approve/Disapprove Dan Watts made a MOTION to
APPROVE the Site Plan Review for Phase II of the Jim Mitchell
Community Park with the following CONDITIONS.
1. Provide Planning Board copy of easement for the drainage for the Town. 2. Provide the Planning Board with copies of stage/amphitheater design prior to its construction. 3. Provide a copy of the property plan with slopes and new location and orientation of the amphitheater. 4. Accept plantings as illustrated in plans for Phase I approved on March 9, 2009. 5. If any changes occur during the constructions period an “As built” is to be provided.
6. Performances at the amphitheater are to end no later than
10:00PM. Rick Davies Seconded the MOTION
and all were favor. Mr. Nevins and Mr. Pellettieri thanked the Board and left. The Site
Plan Review for Phase II of the Jim Mitchell Community Park is Approved
with Conditions. 7. MINOR SUBDIVISION Applicant: Albert and Maryann Plass Property Location: 88 West Main Street, Warner, NH Map 34, Lot 20, R-1 Zoning
Description: Minor
subdivision of one (1) lot into three (3) lots with one lot
having an existing home. Paul Violette and J.D. Colcord rejoined the Board at the table.
Barbara Annis introduced Albert and Maryann Plass. Mr. Plass gave a brief description of the property including the size
of the parcel being 5.75 acres with 409.58’ of road frontage; the
slope in the back runs into a stream that runs from the north down
towards the south; property is currently served by Municipal water and
sewer and this is also the intention for the two new lots as well. Mr.
Plass said they are proposing the take the 5.75 acres and divide it into
three lots one with the existing home with 0.68 acres and the remaining
lots would be 2.51 and 2.55 acres. Mr. Plass demonstrated the three
properties would have enough road frontage. Mr. Plass stated that at
this time the property is serviced by two driveways with a circular
drive configuration in meeting with DOT it was found that DOT requires
the driveway to the north be closed off. The existing driveway to the
south will be split to service the existing house and proposed lot 3. A
new driveway will be constructed for the remaining proposed lot. Barbara Annis asked if there were any questions from the Board. Paul Violette asked if Mr. and Mrs. Plass applied for a driveway
permit. Mr. Plass said yes he has applied for the driveway permit. Mr.
Plass stated he has a notice from DOT that gave a verbal of what the
findings were and that DOT was not happy with the existing driveway to
the north. Mr. Plass stated they can only have two driveways as an end
result due to being on a state road. Ed Mical asked if there was an anticipated date to hear back from DOT
regarding the driveway permit applications. Mr. Plass showed the Board
the above referenced letter from DOT regarding the north driveway. Clyde Carson asked if the shared driveway would all be located on one
lot. Mr. Plass stated it would primarily be located on proposed lot 3.
Clyde Carson asked if there would be an easement for the lot with the
existing home. Mr. Plass said yes. Ed Mical stated looking at the proposed plans the lot numbers would
need to be changed to show the existing house at the primary Map 34, Lot
20 and the other two to be numbered Map 34, Lots 20-1 and 20-2. Rick Davies asked if the intention was to have Municipal sewer and
water. Mr. Plass said yes the existing home has Town sewer and water and
the proposed lots will also. Rick Davies asked if Mr. and Mrs. Plass had
a letter from the municipal water district regarding the availability of
hookup of water and sewer. Mrs. Plass stated they are only proposing to
subdivide the land not to build on the lots themselves. Rick Davies asked about the tennis court since it is straddling two
lots. Mrs. Plass stated that would be removed. Clyde Carson asked if the lots could be re-subdivided. Mrs. Plass
stated he understands there is a five year regulation regarding
re-subdivision. Mr. Plass stated there is not sufficient frontage to
re-subdivide. Barbara Annis asked table 1 to review page 1 of the Site Plan
checklist, table 2 to review page 2 and table 3 and 4 to review page 3.
There was a short recess while the Board reviewed the checklist. A. Review Application-
Accept/Reject/Continue After reviewing page 1
of the checklist Dan Watts questioned the Tie to State Grid Coordinate
System. Mr. Plass stated that he checked the regulations and stated the
grid coordinates that are on the highway are over 1,000 feet away. Dan
Watts stated that the rest of the information was good. Barbara Annis asked about page 2. Ed Mical stated that the driveway
easement and the location of the driveway will need to be placed on the
plan. However, the Board understands without the DOT permit this cannot
be done at this time. Barbara Annis asked about page 3. Rick Davies stated everything
looked good and the water and sewer service had already been addressed. Dan Watts made a MOTION to
ACCEPT the application. Paul
Violette seconded the MOTION.
All were in favor. The application for a three (3) lot subdivision was ACCEPTED.
Ed Mical commented he was concerned with the length of time to
receive a driveway permit. Barbara Annis suggested having that part of
the condition of approval. Ed Mical said he did accept the application. B. Close Meeting and Open
Public Hearing With the application being accepted Barbara Annis closed the meeting
and opened the Public Hearing. Barbara Annis explained abutters are
heard first. Mary Cogswell voiced her concern about the driveway being difficult
to get in and out especially during the winter months. She also asked
what type of housing was going to be on the lots. Barbara Annis stated
Mr. and Mrs. Plass made a comment they are not interested in building. Mrs. Plass stated they are not planning to build on the lots but
rather to just subdivide and sell the land. Mr. Savlen, Water District Commissioner, stated the applicant does
not need a letter from the Water District but rather needs to fill out
an application. Mr. Savlen asked the Board to have a provision that all
three lots are required to be hooked up to Municipal sewer. Mr. Plass read the verbiage on the plan in the General Notes #3 that
reads: The intent of this plan is to
subdivide Map 34 Lot 20 into three residential lots to be serviced by
Municipal water and sewer. Dan Watts asked Mr. Savlen if he was requesting water and sewer
hookup or just sewer hookup in the stipulation. Mr. Savlen stated he
would like to have water and sewer hookup for each lot as a requirement. Rick Davies sated that per the Zoning Ordinance in the R-1 District
there is a 150’ minimum road frontage for lots without sewer/water.
Since the Plass’s lots would not have the required frontage this would
not be a concern. The proposed plan shows the lots having the required
100’ frontage for lots on water/sewer. With no further input from the public present, Barbara Annis read
into record a letter received from Charles and Patricia Albano dated
June 6, 2010. To Whom It May Concern, As an abutter, we still have
concerns regarding this planned subdivision. This attempted subdivision
has been going on for over a year. The owners of the property have
previously disregarded thoughtful input from the Planning Board and have
threatened to take the Town to court if not granted their initial
requests to subdivide. The Plass’s have no interest in abutters’
concerns since they do not plan to live there and simply want to sell
the property to make a large profit. We continue to have concerns
that were previously stated at the public hearings which are:
1. Location of the driveway(s)
2. Noise and light pollution affecting abutters.
3. Fouling of stream that abuts my property.
4. Converting the old Nichol’s house into condominiums that
will increase the
congestion/noise
on the property, create parking issues and driveway/road
hazards.
5. Following the existing Planning Board guidelines. We are away for this meeting,
but respectfully request that our concerns be read into the record. We
would also like to know if the State Highway Division has approved their
driveway permit(s) and if the existing driveway was approved by the
state previously. Sincerely, Signed by Patricia and Albert Albano. Rick Davies commented on the referenced condominiums in the received
letter. He stated that per the Town of Warner Zoning Ordinance
Multi-family housing would need a special exception in the R-1 Zoning. C. Close Public Hearing and
Re-open Meeting. With no further comments from the public Barbara Annis closed the
public hearing and re-opened the meeting. There was no further
discussion. D. Action Taken-
Approve/Disapprove Paul Violette made a MOTION
to APPROVE the Minor
Subdivision application with
CONDITIONS as follows: 1. The lot numbers on the plan will be Map 34, Lot 20 for the parcel with the existing home with the other two parcels numbered Map 34, Lot 20-1 and Map 34, Lot 20-2. 2. Permits for both driveways from DOT. 3. Shared driveway easement for existing house.
4. All three lots
are required to be connected to Municipal water and sewer. Ed Mical verified that if the driveway permit from DOT is not as
presented the applicant would need to come back before the Board for
review of the new driveway placement. Mr. and Mrs. Plass understood the conditional approval. Clyde Carson seconded the MOTION and all were in favor. The Minor subdivision was APPROVED
with Conditions. Mr. and Mrs. Plass thanked Board and left the meeting. 8. SECOND READING OF THE
PLANNING BOARD BYLAWS AND RULES OF
PROCEDURE Barbara Annis read the proposed changes to the Planning Board Bylaws and Rules of Procedure as follows:
1. Notice of decision will
be made available for public inspection at the Board’s office in the
Warner Town Hall within 5 business days after the decision is
made, as required in RSA 676:3.
2. Section A under officers to read: The
following officers shall be elected
annually in the month of April by majority vote of the Board
members present including alternates: Paul Violette made a MOTION
to CONTINUE with the two
proposed changes. Rick Davies seconded the motion. All were in favor. The changes will be voted on at the July 12, 2010 meeting. 9. SUBCOMMITTEE REPORTS Ed Mical stated since meeting with the Board of Selectman he met with
the Budget Committee and a representative from the Budget Committee was
chosen. Ed Mical is planning to get together with the other members of
the CIP this month. Paul Violette stated that Vanessa Bittermann would be coming to the
June 21, 2010 Work Session for further discussion on the Economic
Development Chapter of the Master Plan. Barbara Annis stated that she reported to the Board last month that
both Paul Violette and Ed Mical had agreed to continue on the committee
and since then she had heard that Laura Buono, Town Administrator, had
requested to join the Transportation Committee and has received approval
to do so by the Board of Selectman. Both Paul Violette and Barbara Annis
feel Laura Buono will be a valuable asset to the committee. Paul Violette stated Jim Marshall from DOT, suggested RFQs (Request
for qualifications) be sent out to engineering firms to draw up more
detailed pre-construction plans for the Exit 9 area in regards to
different options e.g. roundabout, traffic lights, etc. to see what the
State and Town would accept. Previously in January 2008, the Planning Board sent out 8 RFPs
(request for proposals and qualifications) with only 1 response. Paul
Violette contacted the one interested party from Keene; however, they
never contacted him back. At that time Hoyle Tanner was recommended by
Dominick Savaro who helped out with the Corridor Study. The State
requires that the Town start the entire process over again. Paul
Violette is currently working on RFQs to be sent out. A lengthy discussion was held regarding contribution by existing
businesses; state right-of-ways; possible relocation of driveways on
private property; the cost of traffic lights along with who pays for the
electricity to run them the town or state, and loss of traffic lights
during power outages; roundabouts in regards to not having to change the
configuration of existing driveways and other towns that have already
implemented simple design roundabouts. Rick Davies made a MOTION
to APPROVE the May 26, 2010
Transportation Committee meeting minutes as amended. The motion was seconded and all were in favor. May 26, 2010
Transportation Committee minutes were approved. 8. COMMUNICATIONS AND
MISCELLANEOUS Barbara Annis asked the Board if they would like to have their
meeting on the first Monday July 5th or on July 12, 2010
since Monday July 5th is considered a Holiday. Barbara Annis
was concerned with having two consecutive Monday night meetings. Peter
Wyman suggested canceling the July 19, 2010 Work Session. The Board
agreed that in observance of July 4th holiday the Planning
Board would meet July 12, 2010 at 7pm. 9. PUBLIC COMMENTS No public was present. VOLUNTARY MERGER CONTINUED
FROM EARLIER IN MEETING Applicant: Edward and Ethel Merlene Shampney Property Location: 393 Couchtown Road Map 15 Lots 47-1 and 47-2
Description: Voluntary merger of two lots Peter Wyman brought the Voluntary Merger of Edward and Ethel Merlene
Shampney back to the table. After a brief discussion it was decided to
approve the voluntary merger. The Board agreed that since Mrs. Shampney
had come to office in person to see the Accessing Clerk and at a later
date returned to the office and hand delivered the signed Voluntary
Merger Form along with the fees the merger should be approved tonight.
The Board agreed it is not up to them to make a decision whether it is
or is not Mr. Shampney’s signature. Mr. and Mrs. Shampney will need to
incorporate the two deeds together and have them recorded with both
signatures. Peter Wyman asked if one spouse showed up at the meeting
without the other would anyone be questioning the signatures. The Board
agreed they would not. It was stated that the Planning Board cannot by
law not approve a voluntary merger. It would be a legal matter between
the two parties if there is a dispute with the spouse’s signature. Ed Mical made a MOTION to APPROVE
the Voluntary Merger of Edward and Ethel Merlene Shampney, Map 15 Lots
47-1 and 47-2. Dan Watts seconded the motion and all were in favor. 10. ADJOURN Peter Wyman made a MOTION to ADJOURN. Rick Davies seconded the motion and all were in favor. The meeting was adjourned at 9:35.
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