Town of Warner –Planning Board

Work Session Minutes

May 17, 2010      7:00 PM

Warner Town Hall , Lower Level  

 

Members Present:     Barbara Annis, Paul Violette, Rick Davies, David Hartman,                                             Hank Duhamel, and Ed Mical.

Members Excused:    None

Members Absent:      None

Members Arriving Late: Dan Watts

Alternates Present:    Peter Wyman, J.D. Colcord

Alternates Arriving Late: Aedan Sherman

Alternates Absent:     None  

OPEN MEETING AT 7:00 PM

ROLL CALL  

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

1. CONTINUED DISCUSSION ON SUBDIVISION APPENDIX B STREET AND   ROAD SAMPLE DRAWINGS  

A. HAMMERHEAD TURNAROUND  

The Board reviewed the Hammerhead illustration. After careful review and a lengthy discussion regarding dotted reference lines the Board agreed to make some minor changes to clarify the illustration. It was decided to remove the dash/dot line extending from the radius to the outer part of the hammerhead illustration. The radius was corrected and the width of the hammerhead was changed to 24’ to add up to a total of 60’ to have ample room for emergency vehicles, plowing and any large trucks. Peter Wyman suggested adding “All dimensions typical” to the illustrations.  

Dan Watts will make the changes and forward the new illustration unto the Board for review.   

B. SIDEWALK ILLUSTRATION  

The Board reviewed the new Sidewalk sketch provided by Allan Brown to Dan Watts. The new illustration included the definition for pavers:

            Pavers shall be uni-Décor concrete paver, key lock style or equivalent.  

After reviewing the illustration the Board agreed to make a few changes to the illustration to match the verbiage in the subdivision regulations sidewalk requirements.  

Sidewalks shall be constructed with similar preparation to street construction. Subbase gravel shall be 12” of bankrun (NHDOT 304.2). Base gravel shall be a minimum of 4” of crushed ……..  

C. TYPICAL SECTION OF IMPROVEMENT ALL ROADS  

The Board reviewed the illustration of All Roads. David Hartman brought it to the Board’s attention that the Surface Treatment reference needed to be relocated on the illustration to line up with the correct measurements. The Board agreed.

Dan Watts will make the changes to the Typical Section of Improvement All Roads illustration and forward it onto the Board for further review.  

D. TYPICAL SECTION OF IMPROVEMENT ARTERIAL (CLASS A) STREET  

The Board reviewed the illustration of Arterial Class A Street and after a brief discussion it was decided to take the illustration out of Appendix B. The Board agreed this type of road would not be feasible in a Warner subdivision since a breakdown lane would not be necessary. There is no reference to an arterial road in the Subdivision Regulations. This type of road would most likely be a type of road the State would construct.  

With no further discussion on Road and Street illustrations Barbara Annis suggested moving Communications and Miscellaneous on the agenda up in the meeting to get input from Board members who had attended the OEP conference May 8, 2010 before discussing upcoming projects. The Board agreed.  

2. COMMUNICATIONS AND MISCELLANEOUS  

Barbara Annis asked Rick Davies to give a brief synopsis of what new things he had learned at the OEP conference. Rick Davies stated he attended Cottage Developments which gave some ideas that could be incorporated into Workforce Housing projects such as placing small apartments that would architecturally fit in with the community.  

Innovative Zoning to Create a Sense of Place that had a book with illustrations showing requirements in certain areas in regards to architectural standards that were not to the extreme.  

Local Food Farming, Rick Davies stated that there are RSAs in place regarding state regulations for farmers and standards for farm stands. Rick Davies said he would look into the regulations further and report back to the Board with his findings. David Hartman stated he felt the Town of Warner encourages farms by purchasing farm development rights and allowing the co-op to use Town property to sell locally grown produce.  

Barbara Annis then asked Aedan Sherman to share what he had learned from the conference. Aedan stated he had gathered a lot of basic information in regards to how the Planning Board works. One of the things he found most useful was “Maximize the value, minimize the harm” Don’t try to deny people what they are looking to do but try to make it work for the Town also. The Board and the applicant may not totally agree on an issue but should work to compromise. The Board should listen to the applicant’s request and work towards a compromise that will work for both parties if possible.  

Aedan Sherman also stated that he learned it is okay for a couple of Board members to work on a project together fact finding/gathering information to present to the entire Board. However, three or more members working together would be considered a subcommittee.  

Barbara Annis stated she found the legal session to be very interesting. Barbara Annis read the following passage from the information she received at the conference:  

Planning Board Waivers.  

RSA 674:36, II(n) & RSA 674:44 III (e) CH 292, Laws of –HB 43  

            Waivers may be granted if  

                        (old law, roughly) Hardship is shown and granting would not be contrary                           to the             spirit and intent of the regulation or  

                        (add new law) Specific circumstances relative to the subdivision, or                                    conditions of         the land in such subdivision, indicates that the waiver will                           properly carry out the spirit of and intent of the regulations.  

 

More-Than-4-Year Exemption  

RSA 674:39 Ch 93, Laws of 2009-SB 93  

            For any subdivision or site plan approved by a planning board between January    1, 2007 and July 1, 2009

                        Three years (not 12 months) in which to undertake active and substantial                           development or construction           

            For any subdivision or site plan approved by a planning board between January    1, 2005 and July 1, 2009

                        Six years (not four) in which to achieve substantial completion (after                                  which vesting is permanent)  

Barbara Annis stated the group was given the chance to write down a question on a recipe card to be read aloud and discussed. She asked about “change of use” as stated in the Warner Site Plan Regulations in regards to conceptual consultations, since conceptual consultations are non-binding on either party. The attorney suggested looking into other towns for ideas. Barbara Annis stated she and the Planning Board secretary have been researching different Towns to see what procedures they have in place. Barbara Annis stated that Hillsborough offers a Waiver application from a Full Site Plan Review.  

Paul Violette said he had seen New London ’s Fast Track Application and thought they had a lot of information on the application that may be useful to avoid having an applicant come before the Planning Board if they meet a certain criteria such as no structural changes, no impact on the community and no significant impact on traffic and parking. The applicant would turn the application into the Board of Selectman who would make the decision whether or not the Change of Use needs to go before the Planning Board for approval.   

The Board agreed to look further into different options regarding waiver requests from a Full Site Plan Review for a permitted “Change of Use”.    

3. DISCUSSION ON UPCOMING PROJECTS  

A. DAVISVILLE AREA  

Rick Davies and Paul Violette worked together gathering some facts for the possible expansion of C-1 district into Davisville. Rick Davies stated that the assessing office suggested if changes are made to District boundaries they should be at edges of existing property lines.  

It was suggested to take the gravel pit area on the north side of Davisville along with the existing properties in the C-1 district back to the OC-1 District, changing them to C-1 District.  

 The following verbiage was proposed:  

Possible Amendment #1  

Are you in favor of the adoption of amendment #1 as proposed by the Warner Planning Board to revise the Zoning Ordinance Article II Districts’ Zoning District delineation map as follows:  extend a portion of the Davisville area Commercial C-1 District into the existing Open Conservation District OC-1 north to the Warner River, west to the Route #89 right-of-way, and east to the Warner River. The proposed revised map is posted in the Town Hall and was presented at a public hearing.  

REASONING

Warner currently has a relatively low 2.3 percent of its land currently zoned Commercial C-1. This Amendment will change approximately XX acres from OC-1 to C-1to provide more opportunity for future Commercial development.  The land referred to in this Amendment is for the most part currently a gravel pit or permitted for a gravel pit between the existing C-1 District and the Warner River . The Wetlands Regulations and State Shoreline Protection Act limit development within the 250 foot setback from the river.  

A copy of the proposed map is attached.  

A brief discussion was held regarding shore land protection boundaries, tax rate impact on residents within the area, and the different types of permitted Uses in C-1 District that would be feasible in the area.  

Barbara Annis asked the Board if they would like more information on the proposed change before having a Public Hearing in December. The Board said they would like to gather more information regarding tax impact, frontages, and if it would be better to create a C-2 District instead of expanding the C-1 District.  

J.D. Colcord thought it would be a good idea to consider creating a C-2 District with different frontages and possible industrial uses. A brief discussion was held regarding warehouses, water supply and size of buildings or multiple buildings located on one large lot. The Board agreed a small office park or industrial park might fit in well in the area.  

The Board agreed to place the proposed change to the Davisville area for further discussions on the calendar for October 2010.  

B. SITE PLAN REVIEW  

Barbara Annis and David Hartman had gathered information on the Site Plan Review Regulations and the Site Plan Checklist. They brought a list of a few discrepancies to the Board. The following changes were suggested:  

Barbara Annis stated the checklist and the information included on page 3 of the Site Plan Review Regulations and Design Standards did not agree. The checklist was alphabetized and the Regulations were numerical. A suggestion was made to make them both alphabetized.  

The proposed changes are: 

·        When submitting an application also submit the Check List at the same time.

·        Change 3 prints to 5 prints (so each table will have their own plan) and added 11 copies of plan 11 x 17 so they can be mailed out to each board member prior to the meeting and we can educate ourselves on the site.

·        Combine solid waste disposal facilities with water supply and sewage disposal facilities.

·         Add the requirement of a deed to be included (we require this for subdivisions).

·         Site Plan Review Regulations and Checklist numbering and alphabetizing will be the same.

·        Any other exhibits or data that the Planning Board may require in order to adequately evaluate the proposed development for Site Review including but not limited to any state, federal or local permits (driveways, drainage, etc).  

A very brief discussion was held regarding whether the Site Plan Checklist was necessary since the checklist was essentially the same as the information in the Site Plan Regulations. The secretary suggested keeping the checklist to be attached to the application. The Board agreed to keep the checklist with the application.   

The Board agreed to work on finalizing the proposed changes to the Site Plan Regulations and Subdivision Regulations so both can be heard at a single Public Hearing.  

The Board discussed the location of parking lots and the location of buildings on the property.    

The Board agreed the following verbiage located in Section XI-B-4 could be removed           

            Building shall be located toward the front of the lot to diminish the impact of large expanses of pavement.  

The Board agreed to remove the following captions from the illustrations located in Section IX-B-1: Not desirable-the full length of parking is located along the street in front of the building, Better- length of parking lot along the street front is limited, and Preferred- parking lot is located behind buildings. 

Dan Watts suggested changing the title of Section IX-B which reads  

 B.    Parking Lot Design Requirements  

To read as follows:  

B.  Suggested Concepts.  

The Board agreed to the new verbiage.  

The Board briefly talked about providing incentives for green and energy efficient construction. Permeable parking lots were discussed, windmills, solar panels, size of buildings as an incentive were discussed and different types of “green” ways for drainage. Paul Violette suggested holding off until information from the Energy Committee is received since this type of project would take more fact finding. The Board agreed to wait until more information is obtained before pursuing this project.  

D. ZONING REGULATIONS/USE TABLE  

Dan Watts questioned the definition of a Major Subdivision and Minor Subdivision.  

"Major Subdivision" means any subdivision, which creates four (4) or more lots or a minor subdivision for which a request for further subdivision is received within a 5-year period of the date of approval of minor subdivision [Amended March 2007]    

"Minor Subdivision" means any subdivision which creates three (3) or fewer lots or

condominium units which does not require the construction of any new street or the extension of municipal facilities, and which is not in conflict with any duly accepted or approved street, plan or map. [Approved March]  

Dan Watts feels that if a subdivision stays at 3 or fewer even if the 3rd lot is subdivided at a later date within the five year period it should still be considered a Minor Subdivision. Paul Violette agreed. Dan Watts said he will write up a suggested verbiage.  

Paul Violette and Rick Davies agreed to do some more fact finding on possible C-1 or C-2 District. Rick Davies stated if he had additional time he would read the agricultural information he received at the OEP conference and compare it to Warner’s regulations.  

4. SUBCOMMITTEE REPORTS  

Ed Mical stated he met with the Selectman and a representative from the Board of Selectman was chosen for the CIP committee. Ed Mical said he will be meeting with the Budget Committee at their next scheduled meeting. He hopes to get started working on the CIP in June.  

5 MISCELLANEOUS  

David Hartman updated the Planning Board of the progress of the legal affairs of the Town. The Towns of Webster and Warner had a preliminary Superior Court hearing on May 17, 2010 in regards to Map 3 Lot 76. The property owner denied all accusations made by the towns. The Towns of Webster and Warner are awaiting the judge’s decision to get permission to go onto the property to document close up all the violations to the ordinances.  

Rick Davies stated he noticed a typographical error in the Amended Zoning Ordinance. The secretary will add the word “if” and a colon to the paragraph located on page 6 Article IV Section I to read:

The Board may authorize a "Special Exception " to the height regulations in any district if:

Rick Davies also stated the Workforce Housing overlay map is hard to read. The secretary explained a new map was sent from Central New Hampshire and is available in the Zoning Ordinance on the Town Website. The new map has been added to the Zoning Ordinance located in the Town Hall.  

6. ADJOURN  

Paul Violette made a MOTION to ADJOURN, the motion was seconded and all were in favor. The meeting adjourned at 9:55 PM .