Town of Warner – Planning Board

Work Session Meeting Minutes

Monday, November 19, 2007     7:00 PM

Warner Town Hall , Lower Level

 

Members Present:              Barbara Annis, Hank Duhamel, and Ed Mical.

Members Late:                     Drew Serell

Members Absent:                Paul Violette, George Pellettieri, Wayne Eigabroadt

Alternates Present:            Stacey Cooper, Dan Watts

Alternates Absent:              None

Presiding:                             Barbara Annis

Recording:                            Jean Lightfoot  

Open Meeting at 7:02 PM

Roll Call  

Rules of Procedure  

Ms. Annis opened the work session meeting and started discussion of the draft of the revised Rules of Procedure.  It was agreed to add a Table of Contents and the Purpose and Intent from a previous draft of the document.   Ms. Annis said that it was necessary per the current procedures to discuss the new procedures for at least two consecutive meetings.  Ms. Lightfoot explained that the oldest one (the one which was a previous draft) was not used in preparation of the current draft.  The draft that she prepared was based on an August 2005 document and then showed changes from that one to the one prepared by Drew Serell which was presented at the last meeting, and labeled the current one as November 2007.   

A discussion followed with the Members going through the November 2007 draft revision point by point, making changes and additions.    There was discussion about whether or not to refer only to a specific RSA or to specify in the procedures things that were in the RSAs.  It was decided to go section by section and to sometimes keep just the RSA reference since those may change, and it would prevent the Board from having to revise the Procedures every time the statute changed.  In other instances, it was agreed to specify the point, in addition to referring to the relevant RSA.  Mr. Mical said that he thought there was nothing in the procedures about appointment of subcommittee members.  Mr. Duhamel said that there is a reference under Chairperson, saying that the Chairperson shall appoint such subcommittees as directed by the Board.  Mr. Serell asked if it was necessary to say anything more.  It was agreed to add the reference back in under duties of the Chairperson.  Mr. Mical wondered if it was necessary to say something about voting for the subcommittees, but it was decided not to reference any voting requirements for appointing subcommittees.  

Sharon Wason, Central New Hampshire Regional Planning Commission  

Ms. Annis noted that Sharon Wason had arrived and interrupted the discussion of the Rules of Procedure so Ms. Wason could meet with the Board about the Master Plan proposal.  

Ms. Annis referenced the letter of August 28, 2007 , where Ms. Wason had outlined the various proposed phases of the Master Plan.  Ms. Wason stated that Mr. Violette and Ms. Annis wanted her to prepare a proposed Phase I contract.  And, she said that they needed more detail from the Board in order to write the contract.   

Ms. Annis said Phase I is broken down into several parts:  data collection, audit and project start; the survey; the visioning sessions; and community vision chapter.  She asked if anyone on the Board thought things should be moved among the different phases of the proposal.  She asked about how the survey should be done – what protection would we have if it were done on line?   

Ms. Wason said she’d divided it into three phases because that was what Ms. Annis thought would be acceptable to the Budget Committee.  She said that the question is whether to start with just the data collection, or do we do the existing land use section and the transportation section, as building blocks very early?  Then, we would go into the survey and vision.  Ms. Wason thought that it would be most valuable to repeat what makes sense from the 1999 Master Plan because then you get a sense of how people’s attitudes in town have changed over time.  And, then we would include the new issues that make sense and drop a few that are no longer topical.  The Planning Board can be very helpful by telling us which questions still make sense, which questions can just disappear, and what issues or topics you think the town wants to explore.  She thought there would be no problem in sending the survey to every household and numbering them in some way so that only two or three of one number would be accepted, assuming that each household member would be allowed to make a copy for themselves.  Then, you would use the computer to collate and analyze it.   Ms. Wason said she thought the role of the Planning Board was to help design the survey, to help publicize the survey and consideration of issues around what kind of information is going to come of it and how to use it.  The question is whether we should do the data collection, land use and natural features and transportation first and then go into the visioning where we see where we are now, how do we go into the future?  Or, do we use the visioning and survey to scope the land use, transportation and natural resources?   

Mr. Mical said to come up with the vision session; you need some of the other information, the transportation and land use.  And that would go into your vision.  If you’re trying to create a vision without some of that other information, because between 1999 and what we have now, we know that there have been changes.  There’s exit 9; you’ve got more conservation land.  

Ms. Wason said the data collection would look at that all in detail – how many building permits a year?  How many additional acres of conservation land?  It would not get into judgments about whether it was the right land or the right place for the correct purposes.  The Natural Resources chapter would start to get into that.   

Mr. Mical pointed out that the Conservation Commission right now is involved in doing a natural resources study and inventory.  And, he didn’t know when that was supposed to be completed.  

Ms. Cooper said she would like to see something from Phase II and use the information we have on natural resources and transportation from recent studies to help guide the visioning chapter.  But, she cautioned against going too far ahead in developing too many sections before we’ve done the visioning session because it’s the framework that’s going to guide the other sections.  It would be a shame to go through the other sections, come to conclusions, go back to visioning and realize that we’d gone in the wrong direction and we were going to have to start from scratch.  So, she thought it was important to not get too far ahead before we did the community visioning because it is a necessary part as a factual portion of this.  

Ms. Annis said that the transportation part in the Master Plan is factual – it doesn’t necessarily look into the future.  It mentions what is here and what is lacking.  Mr. Watts said if it tells you what’s lacking, then it has to be somewhat visionary.  Ms. Annis responded that she meant “lacking” as in it’s been in the plan for many years and it still hasn’t been done – for example, we want a crossroad between Kearsarge Mountain Road and North Road and it hasn’t happened.  Ms. Cooper said it was something important that might come out in visioning that wouldn’t necessarily come out in a factual of where we are and what we have.  Ms. Wason said the chapter should also include thinking about policies – you want the crossroad maybe not  because you want to be able to get from point to point in five minutes, but because of  emergency access and the safety – primarily those kinds of issues, rather than convenience.  

Mr. Duhamel said that it would make sense to outline what information we have that is current and that we could use so we’re not reinventing the wheel.  He wondered if there were data sources or other agencies or other groups that are doing things.  Maybe we could list them, saying that they were available so we could schedule not only for cost and time.  The other thing he mentioned to consider are regulations – two things that the State says you will bring up – land use and vision.  He said he thought that those are the things we should be addressing up front because they are required.  The other thing he mentioned was the impact of our infrastructure.  We need an outline of why, instead of just saying, “This is what we’re going to do.”  

Ms. Wason said in regard to infrastructure, it makes sense to look at water and sewer in a general way – what impact that might have in regard to growth and what opportunities and disadvantages exist.  

Ms. Cooper asked if the transportation review and natural resources review would be included in the data collection.  Ms. Wason responded that it would and we would read town reports, etc.  Ms. Cooper we wouldn’t necessarily complete all this work so much as include it in the first part?  Ms. Wason said that would be included in Other Town Plans and Documents.  We’d look at some of the State planning in terms of population growth, where they think economic development’s going to go.  They’re in the process of doing their statewide development plan, thinking about growth on the statewide level, looking at where they have Warner, and so forth.  There are a lot of things that are involved in data collection – not just sitting and reading the old Master Plan.   

Ms. Wason said that we would have the natural resources inventory, or most of it.  There’s been quite a bit of transportation work done – the exit 9 studies, the road work that we do, as well as traffic studies from various developers.  We would look at the building permit data and quickly geo-code it to look at what areas of town are growing faster than others.  With that set of information, Ms. Wason asked if that was sufficient to think about the survey to get started.  She said she likes to do a survey based on the previous one as much as possible because it helps to see how attitudes in town have changed.  Then, you always remove the irrelevant questions, and add new questions and you want to get at what’s the appropriate ratio between residential and non-residential development.  Where should non-residential development be located – those types of questions.  What other kinds of non-residential development do you need in town?  What do people want that’s not here?   

Mr. Serell said he agreed to wait on the visioning until we could get the information up first.  Ms. Annis said that she thought that something like the vision chapter was going to take time to develop and time after you do the visioning sessions with the public.  She said she definitely wants to see the survey, but thought it was better to take time and get a lot of publicity and get it before the Town Meeting, explaining that this is just the first step and “we are going to go further and involve the people.  We’re going to be getting data on transportation.  We’re going to be getting data on population.  We’re going to be getting data on all of these natural resources.  And, then we’re going to come to you for help.”  By doing that and keep on having something in the paper, people will be aware and maybe we’ll have a bigger turnout at the visioning sessions.  And, then we’ll have more time to work on the chapter in the second phase, rather than in the first phase.  Ms. Wason said if we did part of the existing land use section in Phase I, by at least preparing the existing land use maps, that would be information that would be very useful to the Board in helping to design the survey.  Data collection, a good chunk of the existing land use and the community survey and start a visioning process – working with the Board and other Boards to think about what the policies and over-arching goals are coming out of this.  Then, do the more intensive public sessions.  

Mr. Mical said he liked the idea of sending the survey out to the residents.  He recalled that in the last survey, they were mailed to the household – and he thinks it was one per household where there may be a difference of opinion. So, he likes the idea of being able to code it and, therefore, have more than one input come in from a household.  

Ms. Annis said that she spoke with the post office and Supervisor of the Checklist and said that if we sent a survey bulk rate, it’s 21.8 cents per letter.  There are 1463 households in the postal delivery system, including households and post office boxes.  From Martha Thoits, Ms. Annis found that there are 2013 voters on the checklist.  

Ms. Wason asked if we wanted to include the businesses in the survey.  Ms. Annis said we could pull out the commercial people and mail it to them directly.  Ms. Wason said you would want to ask them a different set of questions, so just getting them through the post office boxes would not get their specific interest in what the town’s going to do for them, rather than in where the new conservation area is.   

Ms. Annis asked Ms. Wason about whether they do the actual printing or do we send it to our printer and use that printer’s bulk rate permit.  Mr. Watts suggested that we use the printer in town who will allow us to use their bulk permit. Ms. Wason said they would not do the printing, so getting our printer in town would work.  Ms. Wason asked about whether the elderly housing people have their own mailboxes.  Ms. Annis said they all have individual mailboxes.   

Ms. Annis asked Ms. Wason if conducting a paper survey, as opposed to online, is included in the proposal.  Ms. Wason said that it was included in the $2500 estimate on the 7th page.  Ms. Wason said that she’d included the land use section in Phase I on the proposal.  Mr. Watts asked if the survey estimate include the development and processing of the results.  Ms. Wason said yes and the printing would be separate and mailing would be around $500 and there was no return postage included.   

Ms. Annis and Ms. Cooper said that a drop-off would work.  Ms. Wason said even at Town Meeting, people could drop it off.  But, Ms. Annis said it would not work at Town Meeting because we would not have the money before Town Meeting.  She said we are soliciting money from various organizations, but we don’t know if we’ll get it in time.  She asked if Ms. Wason could get the survey out just before tax time because a lot of people come into pay their taxes at the Town Hall and they could bring it with their tax bill.  Mr. Mical said that the tax bills are actually mailed out in May.    

Ms. Wason said she would prepare a contract with a more detailed scope and look more into the costs and get the name of the printer in Warner.  She said she has a much better idea and can add more details to the proposal and will get it to Ms. Annis.  She said she would write a letter dated today or tomorrow for $7500 for these four tasks for the Budget Committee and with more specificity.  She said she would mail it to Ms. Annis.  

Mr. Duhamel asked about looking at issues affecting Warner from other towns around us.  He asked if Ms. Wason knew what is being built in Sutton just north of us.  Ms. Wason replied “mega-mansions” and said that was all she could find out about them.  Mr. Duhamel mentioned the growth of the New London Hospital , Colby-Sawyer College – do they plan expansions where they hire people and as they hire, they’re going to need residences and they’re not all going to be in New London .  So, he wonders what the spillover going south will be.  Ms. Annis said that Bradford and Sutton both had major subdivisions of 17 and 19 lots, but they’re not building.  Mr. Duhamel said his concern was with planning, we might look at what is still really buildable in Warner?  He said that we should be able to show this all on a color-coded map.  He said that the 1998 survey was obsolete in two years and said that he saw no sense in going through this plan and seeing that happen again.  Ms. Wason said that you can see a large increase in the commuting times of state employees, they come from much further away than they used to.  Mr. Duhamel said if Mount Sunapee should win the lawsuit, then that’s going to impact us because of getting off at exit 9 going north.  Ms. Wason agreed that you could plan for every piece of Warner, but then what ends up driving change is from outside the town borders.  Wal-Mart pulled out of Hillsborough, and maybe they’ll head for Bradford .   

Ms. Annis said don’t forget that every home you build costs money.  Ms. Wason asked if there should be a community services study as part of the Master Plan.  We would document exactly how much household services vs. tax revenue; how much services for retail vs. tax, etc.  Mr. Duhamel said we need to give thought to it’s one thing to collect data and have it analyzed, but what’s the use and the value going to be to have a lot of that data?  Sometimes you have an overload.  Ms. Wason said it can help you make decisions when you’re trying to convince town meetings about your zoning.  Mr. Duhamel said it would be interesting to know, on the infrastructure, how many more residents before you need a new fire truck, or how many residents to require another police officer, etc.?  How much can we grow before having that impact?  Ms. Wason said that if the traffic gets a lot worse, even if you haven’t added a lot of houses, then to get the police and fire and emergency response time may become an issue.  

Ms. Wason said she would re-do Phase I and send it on letterhead with dollars.  Ms. Annis said that we must present this to the Selectmen, who present it to the Budget Committee.  We have to present it to the Selectmen and our Selectmen’s representative is not here tonight.  Ms. Wason reminded Ms. Annis that she had sent to her and Mr. Violette the information on housing and community planning which is Phase II activity.  The State has $200,000 for the next two years to do portions of local master plans.  The idea is, if you plan for housing production and conservation creation at the same time, you will get sustainable development.  Ms. Wason said she would send the letter on Tuesday afternoon.  

Return to Rules of Procedure  

Mr. Watts asked if we need to say his/her every time.  It was agreed to remove his/her when possible.  Mr. Serell said that sometimes it can’t be removed.  Ms. Lightfoot said she would try to make the appropriate corrections.  It was also agreed to be consistent and use Chairman and Vice Chairman throughout the document.  Mr. Duhamel suggested and others agreed to change “the meetings will end at 10:00 p.m. ”, to “the meetings will end no later than 10:00 p.m.  Mr. Duhamel had a question about quorum numbers.  Ms. Annis said that she thought it was better to use the term “majority” of the board, rather than a specific number because if the number of  Board members changes, then you don’t have to remember to go back and change that section, too.  Ms. Annis asked if there was any mention of work sessions.  Mr. Serell said it was under A where it says other meetings will be held on the call of the chairman.  

Mr. Duhamel thought that the sections should be re-ordered because they weren’t listed in the order that they are done when a site visit takes place.  The drive by is something different.  Ms. Cooper, Mr. Serell and Mr. Watts pointed out that the definitions were listed first and Mr. Duhamel agreed.  

Mr. Watts asked if Records should go closer to the end.  It was agreed to move Records to just before the Amendments section.  

No changes to Joint Meetings and Hearings.   

Mr. Mical asked if Disqualification should be moved up.  Mr. Duhamel thought it was appropriate where it is and Mr. Mical agreed.  Mr. Watts asked about the timing of disqualification being so specific in the section.  Mr. Serell said that a member was supposed to step down before we even talk.  Mr. Watts agreed that made sense.   

Mr. Serell made a correction to B – “may not be required” should be changed to “requested” since the word in the statute is requested.     

Ms. Annis said she could see sometime in the future, that someone is applying to the Board, knows something about Board members and say that they don’t like something that is before the Board.  An applicant, knowing that someone on the Board has publicly stated how they’re going to vote, cannot, under this, ask the Board member to recuse himself.  Mr. Serell said that anyone can bring any information to the attention of the Board.  They can say I have information that one of your Board members said this.  Then, it’s still the Board’s decision as to whether to take that to a vote or not.  

Mr. Duhamel noted that the Order of Business had been removed and asked if it had been replaced.  Mr. Serell said we talked about that and we took it out because there’s no state law that says we have to do it in that order and we want to do things in whatever order we want.  Mr. Mical said he thought something should be in there and put in a caveat that it may be amended by the Board.  At least, we should have a procedure by which we conduct our business.  There followed a discussion about the issue.  It was agreed to list it, adding “such other business as the Board may deem appropriate,” as Business before the Board and refer to the published agenda, saying the items would be included and not note that a particular order is necessary.  Ms. Lightfoot repeated the following wording, “Business before the Board, as set forth, in a published agenda shall consist of the following:”  Mr. Serell said to list all the items in the original list, but insert between j and k, “such other business as the Board may deem appropriate.”   

Mr. Duhamel asked for a subdivision, does the fire chief need to review the sites?  He said he didn’t see a checklist question to that effect.  He thought if it is a requirement, it should be on the checklist or on the application.  Mr. Serell said what consists of a completed application is addressed in the site plan or subdivision regulations and should not be part of the procedures of the Board.  Mr. Mical thought it should be noted in the procedures that somehow if information is submitted after the deadline period, like new plans the night of the meeting, it constitutes a new plan.  Ms. Annis said, in other words, the public never saw them – they were never posted.  What was submitted and was given to us to look at, and then, between that time and the public hearing, he changed some things on the plans.  So, they were never posted for the public to take a look at and be commented on.  She said that she thought Mr. Mical was saying that no plan will be accepted unless it has been posted for 15 days.  Mr. Serell said there are two different issues – one is you’re accepting an application – even once this application is accepted, you can get a revised plan.  He said we could accept an application and still accept revised plans afterward.  Ms. Annis said that we did not accept the application because they had revised it and was not what had been posted.  Ms. Cooper suggested that we add something to the portion referring to the secretary or clerk presenting applications to the Board that had been received at least 15 days before the meeting.  She suggested that we add wording that we will only consider what the secretary or clerk has presented to us and we’re excluding anything that hasn’t been submitted within the 15 days.  Mr. Serell said he thought another provision should be added to cover both before and after an application has been accepted – that is, any plans or additional materials to be considered before the Board must be submitted at least 15 days prior to the Board meeting.  Mr. Mical agreed to that wording, saying it gives the Board and the public time to look at it and to see that.  Ms. Lightfoot read the wording she had: “Any plans or additional materials must be submitted at least 15 days before the meeting at which the Board may consider them.”  This will be placed between B and C under Applications.  Ms. Annis said we should try to remember to remind the applicant that if we’re getting a revised plan that it must be submitted 15 days before the next meeting.  Ms. Annis said if someone walks into a meeting at which a plan is to be considered and has a revised map, then we would not be able to consider it because it had not been submitted within the 15 days.  This is a big change and it has been noted.   

Mr. Watts asked about the inserting the location for the Notice of Decision for public inspection under F. in the Application section.  Mr. Serell said we could put “at the Board’s Office in the Town Hall,” and that wording was agreed to.  

Mr. Duhamel said, in regard to Public Notice, he thought striking out “of the property” didn’t make clear what description refers to.  Mr. Watts said he thought it should be mentioned.  There was further discussion of the wording and it was agreed to reinstate “of the property” and add “or project.”  And, it was agreed to add to the “location of property”, “or project,” as well.  

There was then consideration of the “Public Hearings” section.  There were no changes suggested, other than correcting Chairperson and Chair to Chairman.  Mr. Mical asked if we wanted to consider having a sign-in sheet and asking those who want to comment, signs in, thereby giving us a better idea of the name of the individual.  Mr. Serell said he didn’t think we need a sign-in sheet, saying we could always do one if want to, if there were a large group.  Mr. Mical said his point was to try to identify the speaker for when the minutes are being composed.  Mr. Serell said if it is a problem, we should do a better job of being sure people identify themselves when they speak.  He also said he didn’t think a sign-in sheet would solve that problem.  Ms. Annis said she could see a point to it, but was not sure how it would work.  If we were going to have a large group, then, we could have a sign-in.  Mr. Mical said that was what he was thinking about and agreed that for the normal meeting it was not necessary.   

Ms. Annis noted that Records was to be moved to just before Amendments and asked for any further comments, additions or deletions. Ms. Lightfoot said she would prepare a document with the corrections made tonight, and that has none of the strikeouts anymore, still call it a draft and send it to everyone for one more go-through.  Mr. Duhamel asked if voting was referred to in the new one.  He said in the old one, it tells the whole procedure, with a motion, a second, discuss and “after all appropriate parties have been given an opportunity to be heard.”  Mr. Serell said you could put it in there, but he thought that it would potentially invite any member of the public to stand up and say they want to be heard on what is really an internal Board matter.  Mr. Watts said we’ve already got the quorum under the Meeting section.  There was further discussion about whether or not to include “all appropriate parties have been given an opportunity” – Mr. Serell said the Board can always allow whoever they want to speak.  Mr. Duhamel agreed to eliminate that phrase.  It was agreed to change the wording from E. under Voting in the older document and add it between D. and E. under Meetings in the new document.  The wording to be:  “All votes on any matters to come before the Board shall be taken after the matter has been duly moved, seconded and discussed.  Unless otherwise stated all matters shall be decided by the majority vote of all of those members (both regular and designated alternates) present and voting.”  

Mr. Mical asked if it was going to be gone over and then go before two meetings and voted on, signed and then forward the document to the Town Clerk and the same thing we do for everything else.  Ms. Annis said yes.  So, it should be on the agenda for our next regular meeting on December 3rd.   

Potential Warrant Articles  

Ms. Annis referred to a handout that was made at the meeting.  She said that the proposal in the documents suggests a very short warrant article and how to do it at Town Meeting.  The question is, how can we go back into our flood plain ordinance and delete things or add things into the ordinance without the people actually voting on that issue?  Ms. Cooper suggested educating people before the meeting as to what they’re voting on.  Ms. Annis said we have to have a public hearing and then asked again do we have a right to delete something out of an ordinance?  Mr. Mical said, “Not before the Town Meeting.”  Ms. Annis said, I don’t mean before the Town Meeting.  As written in the document, Ms. Annis quoted, “Are you in favor of the adoption of amendments as proposed, amend the floodplain ordinance as necessary to comply with requirements of the National Flood Insurance Program?”  She said that that is simple, but to comply with it, you have to amend maps, definitions need to be revised for development, manufactured home, regulatory floodway.  Other definitions need to be added.  Mr. Mical said if you put in an article like that right now, the Town is going to say no.  Ms. Annis said that they’re telling us to do this in order to be part of the Flood Insurance Program.  The letter says we have to do that.  Mr. Serell asked why don’t we just do a warrant article doing what they’re telling us we have to do?  Mr. Mical responded that some of the information, like the new FEMA flood insurance maps, we won’t have in time.  They’re due in the summer of 2008.  Mr. Mical said in our existing flood plain ordinance, it specifically talks about FEMA flood maps for the Town of Warner, dated June 4, 1987.  He said that what they’re proposing is to change these ordinances without a vote.  Mr. Serell asked why we can’t just change things to [unintelligible].  Mr. Serell asked when we would have the map.  Mr. Mical said sometime this summer.  Mr. Serell said he thought we could just date it and put “map to be received approximately summer of 2008.”   

Ms. Annis said we will put this on the agenda for December 3rd and in the meantime, the members will look at it.  We need to have a public hearing on it and will schedule that for January. Mr. Mical said we need to look at the other ones and see which ones we may want to change, too.  

Communications  

Ms. Annis said there is a Federal Emergency Management New Updated Flood Hazard Maps for Merrimack County workshop from 3:30 to 5:00 on December 13th in Concord , in case anybody wants to go.   

She asked if there were any other things to discuss.   

Ms. Cooper said she had received some information from some towns, but had not heard back from others.   

Ms. Annis said there is an upcoming meeting with the DOT to discuss the exit 9 project.  With that, we can have them see what’s up there.   

Adjourn

 

Motion made and unanimously seconded to adjourn the meeting.  The meeting was adjourned at 8:50 p.m.