Town of Warner – Planning Board

Meeting Minutes

Monday, August 6, 2007 , 7:00 p.m.

Warner Town Hall , Lower Level

 

Members Present:          Barbara Annis, Selectman Wayne Eigabroadt

Members Absent:           Andrew Serell, Mark Lennon, George Pellettieri, Paul Violette, Ed Mical

Alternates Present:         Dan Watts, Stacey Cooper, Henry Duhamel

Arrived Late:                  None

Presiding:                      Barbara Annis

Recording:                     Mary Whalen  

1. PUBLIC HEARING – 2008 CAPITAL IMPROVEMENT PROGRAM  

Barbara Annis explained that the Planning Board per RSA must maintain a Capital Improvements Program.  This

year the committee members are Ed Mical and Stacey Cooper from the Planning Board, from the Budget Committee John Warner, from the Selectman’s office Selectman Wayne Eigabroadt and Town Administrator Laura Buono, from the public Clyde Carson and Lynn Perkins.  The Committee meets with the various departments and instructs the departments to develop a capital expenditure list for the next 6 years.  The departments will indicate the year needed along with the cost (must be $10,000 or more).

Barbara asked the Planning Board members for their comments on the presented 2008 CIP.

        Selectman Eigabroadt noted that the program presented more information compared to last years.  Also noted; the dollar figure for items that are projected farther out are educated guesses. 

        Barbara Annis noted that there are minor typos.  Barbara is concerned about the Highway department requesting a construction fund that does not have an identified project.  This fund would be built up to $400,000 then be applied to a road project.  Barbara said that the CIP is designed for long range planning.  Selectman Eigabroadt explained when the Road Committee finishes their study of prioritizing the roads by needs; from that information the hope is to group a number of roads together, applying money from the construction fund, bond the balance but continue to add to the account for the next group of roads.  This is thought to minimize the impact to the taxpayers.  Barbara agrees with Selectmen Eigabroadt but is concerned that money may be used for smaller projects that were not budgeted.  Selectmen Eigabroadt said the warrant article could be written with stipulations. 

        Barbara asked why some items are in bold on page 12 and for what reason.  No known reason.

        Barbara asked why on page 13, the amount in the East Roby Fund is missing; it is indicated on the back page ($261,000).  Some copies had the correct amount. 

        Barbara asked in regards to the Transfer Station when the lease expires.  Selectman Eigabroadt explained that the Selectmen’s office is currently working with the State.  Barbara asked if the Transfer Stations requests are allowed under the lease agreement.  Selectman Eigabroadt explained that the Transfer Station had a twenty-year expectancy, and once a study is completed, if the results show that additional space is needed there is property behind the highway garage.  The plan is contingent upon the study and what the State allows.  

Barbara opened comments to the public:  

An audience member asked how the ranking was developed. Barbara explained that the ranking system is explained on page 5.  Each category listed is worth one point.    

No further comments, Barbara closed the public hearing.  

Planning Board comments to be included:

        Hopkinton Landfill will now be present in the operating budget only.

        Barbara would like to see the CIP-Committee meet earlier in the year, along with comparisons between other Towns and more information in order to help the Committee.  Selectman Eigabroadt recommended that the Planning Board Chair set the goals for the CIP Committee.

        Barbara recommends the CIP Committee look at what the impact to the infrastructure is in relation to growth (Police, Transfer Station, Fire etc).  Selectman Eigabroadt said infrastructure impact is addressed in the Master Plan.   

Selectman Eigabroadt made the motion to accept the Capital Improvement Program for 2008 through 2013 as presented.  Motion seconded. No further discussion.  All were in favor.  The motion passed.  

2. COMMERCIAL MAJOR SUBDIVISION

Property Owners: Alan & Lee Ann Wagner, Jr., 33 Newmarket Rd. Warner, NH 03278

Agent: Stefan Toth, T.E., Toth Engineering, PLLC, 5 Bernards Rd, Suite 37 , Merrimack , NH 03054  

The agent sent a letter requesting an extension to October 2007 and also requested an extension for the public hearing to September 2007.   

Selectman Eigabroadt made the motion to extend the time of the Wagner subdivision until October 1, 2007 .  Motion was seconded.  All were in favor.  The motion passed.  

3. MAJOR SUBDIVISION

Property Owner: Peter & Elizabeth Lovejoy, 224 Newmarket Road , Warner, NH 03278

Agent: Evans Land Consultants, PO Box 522, South Sutton , NH 03273

Property Location: Newmarket and Retreat Roads, Map 13 Lot 30, R3/OC1 Districts  

The Agent revised the plan with a new concept (6 lots) but explained the plan still does not meet the open space requirements.  The Agent has also completed a conceptual that includes the open space regulations.      

The conceptual proposes a 15 lot subdivision on the same property meeting the open space regulations.  This involves re-opening the old Newmarket Road along with a number of permits.  The Agent believes he only has two chances getting the permitting through DES, slim to none.  The Agent believes that DES will force the use of the existing road frontage.  He also believes that DES will not grant a standard application of that significance where alternatives could be used.  The Agent said that he tried very hard to apply the open space regulations as written.  The Agent being open with the Board said that it is great to sit and write the regulations, but it’s difficult to take New Hampshire land and apply it to the regulations, basically it doesn’t work very well.   

The Agent feels what is proposed is a better impact on the Town (6 lots).  Proposed are two common driveways off of Newmarket Road , 75’ buffer, and common area along the brook.  The Agent said he could expand and push for a few more lots.  If the Lovejoy’s are forced to open the old Newmarket Road the expense…. if permits could be achieved, which the Agent doubts, they would then be forced to maximize the potential of the property.  Again the Agent believes what is proposed to be a very reasonable scenario.   

A Board member asked the Agent to walk them through the plan parcel by parcel for a better understanding of the plan. The Agent showed lots 1 & 2 having one driveway, lots 3 & 4 have the second driveway, and lot 5 has its own driveway off of Retreat Road .  The Agent said he will include a 100’ undisturbed buffer and has incorporated what he could from the open space ordinance.   

A member noted that the test pit sites were not marked.  The Agent said he will not complete the pits until a preliminary approval is received.   

A member asked what the terrain is like near the wetlands.  The Agent explained on this concept all the R3 requirements with 3 acres of build able plus open space has been met.  The Agent explained in terms of reducing the lots when going through the open space ordinance, the soil type isn’t that which is going to let DES allow the Agent to go down to 1 acre.  

Barbara Annis said that she personally likes what the Agent is trying to do, and because the Agent is having difficulty applying the open space ordinance, Barbara contacted Central NH Regional Planning Commission and explained because the Agent cannot follow the open space ordinance the applicant will need to request waivers.  CNHRPC explained that the Planning Board cannot grant a waiver on a zoning ordinance, only the Zoning Board can.  Barbara said that this is a subdivision and the Planning Board can give waivers on a subdivision.  Barbara continued by saying a waiver is basically the contour lines, not set-backs or frontages, those are zoning regulations and the Planning Board cannot grant a waiver on the zoning regulations.  Barbara added that CNHRPC advised that if the applicant cannot meet the open space zoning ordinance then the applicant will need to go to the Zoning Board.  

The Agent feels the Planning Board needs to re-address the open space ordinance.  The Agent says he is a fan of cluster development; the open space ordinance leads to that type of development.  The Agent said growth is going to happen, when doing a subdivision like this he feels he is doing the right thing when he keeps the impact to a minimum versus maximum.  

Barbara added that she prefers the proposal that minimizes impact.   

Hank Duhamel added that he is pleased with the Agents spirit and cooperation in taking some of the suggestions from the previous Planning Board meeting.  Hank said that the Agent has tried to do his best with the driveways and setbacks, Hank thanked the Agent.   

Barbara asked for the Boards opinion.  

Hank asked if the applicant has met all the requirements.  Barbara said that is the question that needs to be answered.  The Agent said that he has met all the open space requirements with the new conceptual accept for maybe the driveway.  The lots are oversized incorporating common area.  Selectman Eigabroadt asked when is the subdivision plans going to CNHRPC for review.  Barbara said after the Planning Board accepts it.  Selectman Eigabroadt said the Planning Board can’t accept the subdivision until it is reviewed by CNHRPC.  Barbara said in the past the Board has accepted but not approved before going to CNHRPC.  Selectman Eigabroadt asked if all the abutters have been notified about this evenings meeting.  Barbara said yes, for the original meeting.  The abutters said the last meeting was premature.  One abutter said the he was not notified of this meeting, at the last meeting Barbara said that they should have not been notified, therefore, to be official; the abutters should have been notified of this meeting.  Barbara said the Planning Board has not accepted the subdivision it is still in the conceptual stage.  Selectman Eigabroadt confirmed that this meeting is a continuation of the conceptual, and if the Board does accept this evening then this is a public hearing not a conceptual.  Barbara said as soon as the abutters receive the certified notice it’s a matter of continuing….an abutter believes the first notice was in error.   

Barbara continued to review the proposal with the Agent.  The common area amounts to 10.63 acres that runs along the brook.  The Agent is unsure if the common area will be deeded to the Conservation Commission which will need to be addressed.  

Selectmen Eigabroadt clarified which plan the Planning Board is addressing, the 6 or 15 lot.  It was confirmed to be the 6 lot.  

Barbara said that the common open space is accessible to the individuals that will own the lots.  Barbara noted that the first lots come down to the road even though there is a 75-100’ buffer.  The Agent said he wouldn’t know how to address that in terms of ownership if they didn’t come to the road. Barbara confirmed that the buffer is included in the lot, the question is does a minimum buffer mean “the lot must be 75’ from the existing road”.  The Agent wouldn’t interpret a buffer in that manner.  Some Board members replied “no”.  The Agent said this is in a conceptual stage the buffer is present in the build able acreage.   

Barbara asked the Board’s desire:

        Selectman Eigabroadt does not desire to rule on the application this evening. 

        Dan Watts asked what does the Planning Board see as meeting zoning, what doesn’t conform.  Barbara said basically it is the plan, there is suppose to be one driveway coming in with all of the home sites coming off of that one drive. 

        Hank Duhamel asked who takes upon that it is not conducive to have one driveway for all the lots.  The Agent said the ZBA, when looking at development and growth the land needs to be looked at as far as what it can support.   

Barbara is more comfortable if the Agent goes before the Zoning Board, the Agent agrees.  The Agent requested a copy of the meeting minutes for reference before applying to the ZBA.   

Barbara will continue the Lovejoy application.  Selectman Eigabroadt asked about CNHRPC.  Barbara Annis said after the ZBA ruling, the applicant comes back to the Planning Board, the applicant must be posted and then the proposal will be sent to CNHRPC for review and comment.  Selectman Eigabroadt clarified that the proposal is sent to CNHRPC before the Planning Board accepts the application.  Selectman Eigabroadt said that’s how it has been done in the past and it makes sense for CNHRPC to review for completeness and conformance before the Planning Board accepts as complete.  Barbara agrees the proposal should go before the Planning Board after CNHRPC completes their review.  Hank recommended the Planning Board addressing this process in a work session.  Selectman Eigabroadt explained the Planning Board has already decided applications would not be considered unless they were complete.   

4. MEETING MINUTES  

Motion was made to approve the July 2, 2007 meeting minutes.  Motion was seconded.  All were in favor.  The motion passed.  

5. MISCELLANEOUS  

Barbara noted to the Board members that they have received a copy of an up to date budget.  Information from CNHRPC in regards to the Master Plan was also distributed.   

During a work session the Planning Board decided what various sub-committees will be established, meeting schedules for these sub-committees have not been determined.  It was agreed that each sub-committee will report their progress to the Planning Board during the monthly scheduled meeting.   One of the sub-committees will be working on the Master Plan.  Dan Watts recommended adding a summary to the new Master Plan about what has been completed from the previous Master Plan.  

The Planning Board recognized the submitted resignation from Mark Lennon.  Selectman Eigabroadt made a motion that the Planning Board recommend to the Board of Selectmen appointing Henry Duhamel as a full member.  Dan Watts seconded the motion.  All were in favor.  The motion passed.  

An audience member asked if the Planning Board agenda could be posted on the Warner web-site.  

Motion to adjourn at 8:34 p.m.