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PO
Box Warner
Phone: (603) 456-2298
Ext-5 Fax:
(603) 456-3576
&
Tues TOWN OF ARTICLE
1
To choose Town Officers for the ensuing year. For Selectman For Three
Years
Wayne Eigabroadt
209 David
Hartman
318 * For Town Treasurer For Two
Years
Gail Holmes
471 For Moderator For Two Years
Raymond F Martin
497 For Supervisor of the
Checklist For Six Years
Kathleen Carson
492 Budget Committee for Three
Years
Michael D Cutting
418 Budget Committee for One
Year
Paul DiGeronimo 454 Trustee of Pillsbury Free
Library For One Year
Stephen Trostorff
478 Trustee of Pillsbury Free
Library For Three Years
Linda Hedrick
443 Laura
Milliken
435 Joan
B Warren
423 Trustee of Town Cemeteries
For Three Years
Mary E
Cogswell 454 Donald
H Wheeler
446 Trustee of Trust Funds For
Three Years
Dianne M Bischoff
451 Trustee of Trust Funds For
Two Years
Stephen Trostorff
457 Almoner of Foster &
Currier Funds, Three Years
Allan N Brown
473
Note: * Elected to the Position ARTICLE 2
PASSED
YES 317
NO 197 Are
you in favor of the adoption of Amendment No. 1 as proposed by the
Planning Board to insert Article XIV-A, Workforce Housing Overlay
District into the Zoning Ordinance in response to RSA 674:58-61 which
mandates Workforce Housing Requirements for all communities?
A full version of this Amendment is posted in the Town Hall and
was presented at a public hearing. REASONING:
If Amendment #1 is not passed, the state law is still in effect
and the Planning Board will not have local guidance for implementation.
This Amendment responds to a new state law mandate (RSA 674:58-61) to
provide reasonable and realistic opportunities for the development of
Workforce Housing in a majority of the land area zoned to permit
residential uses. The proposed Workforce Housing Overlay District allows
for a mix of Workforce Housing types within the B-1, R-1, R-2, and R-3
Districts, as well as parts of the OC-1 District as shown on the
Workforce Housing Overly District Map dated March 9, 2010.The proposed
ordinance provides that the Planning Board may approve one or more
incentives including a density increase, reduction to lot size, road
frontage decreases, reduction in setbacks and open space reduction, and
waiver of application fees only if the applicant demonstrates the
Town’s land use ordinances and regulation induce a cost prohibitive
Workforce Housing project. ARTICLE 3
PASSED
YES 363
NO 161
Are
you in favor of the adoption of Amendment No. 2 as proposed by the
Planning Board by deleting
the current Building Code Ordinance as written and inserting thereof the
proposed Building Code Ordinance in order to comply with the State
Building Code RSA 155-A, other life safety measures, and specific local
requirements? A complete version of the proposed Building Code Ordinance
is posted in the Town Hall and was presented at a public hearing. REASONING:
The purpose of
amendment #2 is to bring the existing Building Code in compliance
with the State Building Code Chapter 155-A and make house-keeping
revisions. By law, the State
Code is in currently in effect in Warner.
The Town’s Building Code refers to Codes and References that
are out of date. The minimum
area of a dwelling remains at 500 square feet but is proposed to be the
minimum on one level instead of on only the ground level; Warner’s
egress requirements for 2 egress points were clarified to be remote from
each other; the Selectmen were given the responsibility to appoint an
Inspector and set fees; and Articles were renumbered as appropriate. ARTICLE 4
PASSED
YES 367
NO 147 Are
you in favor of the adoption of Amendment No. 3 as proposed by the
Planning Board to revise Article XVII, Board of Adjustment Section D
Hardship Requirements for a Variance of the Zoning Ordinance in order to
comply with State Law RSA 674:33? A
complete version of the proposed changes is posted in the REASONING:
The purpose of
amendment #3 is to respond to state law which has revised the language
for determining “hardship” in cases seeking a variance from zoning
ordinances. The law went into effect in ARTICLE 5
PASSED
YES 360
NO 148 Are
you in favor of the adoption of Amendment No. 4 as proposed by the
Planning Board to revise the Zoning Ordinance Article XIV Open Space
Development minimum acre requirements as follows? For District OC-1 change 12 acres in
the text to 15 acres and in the corresponding table change 20 acres to
15 acres so they are in agreement. For District OR-1 change 15 acres in
the text to 20 acres to be in agreement with the 20 acres amount
existing in the corresponding table.
Full text of the proposed revisions is posted in the
REASONING:
The purpose of this amendment is to correct typographical errors
created when the Town approved the Open Space Development Article in
2005. The revised acreage
amounts are consistent with the Planning Boards best understanding of
the original intent of the Article. Passage of this Amendment will
eliminate confusion of the lot size required prior to implementation of
the Open Space Development ordinance. Are
you in favor of the adoption of Amendment No. 5 as proposed by the
Planning Board to amend the Zoning Ordinance as follows:
This proposed change was presented at a public hearing.
ARTICLE IV – No structure shall exceed 35 feet in
height except 45 feet in height is allowed in the C-1 and B-1 Districts
unless approved by the Board of Adjustment. The Board ….. REASONING:
The purpose of amendment #5 to increase the allowable height of
structures from 35 feet to 45 feet in Commercial and Business Districts
is designed to be less restrictive, while also providing an
opportunity for new and additional businesses to locate in Warner. The
Fire Department has assured us they are equipped to handle incidents at
these heights and they support the amendment. Under current building
codes and under current plan review by Fire Department inspectors
adequate fire detection and suppression systems would also be required
for new construction and for expansion of existing construction.
ARTICLE 7
PASSED
YES 323
NO 190 Are you in favor
of the adoption of Amendment No. 6 as proposed by the Planning Board to
amend the Zoning Ordinance as follows?
This proposed change was presented at a public hearing.
ARTICLE
X - BUSINESS DISTRICT B-1 Section F:
Change the maximum gross floor area of buildings as permitted in
this District and included in TABLE 1 of the use regulations from 2,000
square feet to 4,000 square feet and to read as follows: The
maximum gross floor area shall be 4,000 square feet for new construction
as permitted in Table 1 of the Use Regulations. Existing buildings may
be expanded to include a total of 4,000 square feet.
Adequate parking must be provided.
REASONING: The
purpose of amendment #6 is to provide for additional business
opportunity and growth while maintaining reasonable building sizing and
also to help address the parking needs of the B-1 District. ADJOURN TO TOWN OF Moderator
Raymond Martin opened the Wednesday, March 10, 2010, Town of Warner
Annual Meeting at 7 o’clock PM. Jeffrey Karls, President of Magdalen
College, gave an invocation which was followed by the Pledge of
Allegiance and the Moderator’s reading of the Tuesday, March 9, 2010
Officials, Zoning and School Election results.
Selectman
David Hartman read from the 2009 Town Report which was dedicated to
Warner resident David Carroll, naturalist, artist and writer. Mr.
Carroll thanked the townspeople for the honor.
Selectman Chairman David Karrick summarized
many 2009 Town projects, some completed and some still in process
and touched on some 2010 goals. Budget
Committee Co-Chairman, Michael Cutting, presented a Power Point
presentation on the proposed 2010 Town Budget.
Before
proceeding to the first Article of the night, Moderator Martin went over
the rules of the meeting.
Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed. ARTICLE
8
PASSED Shall
the Town raise and appropriate the sum of $ 2,842,824.00 (Two Million
Eight Hundred Forty Two Thousand Eight Hundred Twenty Four Dollars) as a
2010 Operating Budget? This
amount does not include amounts from any other warrant articles.
(Recommended by the Board of Selectmen; Recommended by the Budget
Committee) MOTION
to Move the Question. Voice
vote, All in Favor. Voice
Vote on the Article as presented. All
in Favor. ARTICLE
9
PASSED Shall
the Town raise and appropriate the sum of $15,000.00 (Fifteen Thousand
Dollars) to add to the already established Police Department Vehicle
Capital Reserve Fund? (Recommended by the Board of Selectmen;
Recommended by the Budget Committee) MOTION
to Move the Question. Voice
vote, All in Favor. Voice
Vote on the Article as presented. All
in Favor. Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed. ARTICLE
10
PASSED Shall
the Town raise and appropriate the sum of $20,000.00 (Twenty Thousand
Dollars) to be added to the Conservation Fund in accordance with RSA
36-A:5, III as an additional source of revenue for the purpose of
conserving open land in Warner? (Recommended by the Board of Selectmen;
4-4 split vote by the Budget Committee) James
Gaffney made a Motion To
Amend Article 10 to read that if Passed, the requested sum of
$20,000will only be appropriated if other parties involved in the Gore
Project receive their requested funds.
Motion Seconded. Discussion
continued. Move
to Question on the Amendment. Voice Vote.
All in Favor. Voice
Vote to Amend Article 10. Amendment
Failed. MOTION
to Move the Question on Article 10 as originally presented. Voice
vote, All in Favor. Request
for Paper Ballot made with 10 supporters. Moderator
explained the procedure for voting by Paper Ballot. Discussion
was stopped during voting. It
was resumed after the last resident voted and while the ballots cast
were counted. Article
10 PASSED
YES 107
NO 70
Selectman Chairman David
Karrick made a Motion To
Restrict Reconsideration on Articles 8 and 9.
Motion Seconded. Voice Vote.
All in favor. Motion Passed. Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed. ARTICLE
11
PASSED Shall
the Town raise and appropriate the sum of $200,000.00 (Two Hundred
Thousand Dollars) to be added to the already established Highway Road
Construction Capital Reserve Fund?
(Recommended by the Board of Selectmen; Recommended by the Budget
Committee) MOTION
to Move the Question. Voice
vote, All in Favor. Voice
Vote on the Article as presented. All
in Favor. Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed. ARTICLE
12 PASSED Shall
the Town raise and appropriate the sum of $50,000.00 (Fifty Thousand
Dollars) to be added to the already established Highway Equipment
Capital Reserve Fund? (Recommended by the Board of Selectmen;
Recommended by the Budget Committee) MOTION
to Move the Question. Voice
vote, All in Favor. Voice
Vote on the Article as presented. All
in Favor. John Dabuliewicz made a
Motion To
Restrict Reconsideration on Articles 10, 11 and 12.
Motion Seconded. Voice Vote.
All in favor. Motion Passed. Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed.
ARTICLE
13 PASSED Shall
the Town raise and appropriate the sum of $30,000.00 (Thirty Thousand
Dollars) to be added to the already established Property Revaluation
Capital Reserve Fund? (Recommended by the Board of Selectmen;
Recommended by the Budget Committee) MOTION
to Move the Question. Voice
vote, All in Favor. Voice
Vote on the Article as presented. All
in Favor. Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed. ARTICLE
14
PASSED Shall
the Town raise and appropriate the sum of $5,000.00 (Five Thousand
Dollars) to be added to the already existing Exit 9 Improvements Capital
Reserve Fund? (Recommended by the Board of Selectmen; Recommended by the
Budget Committee) MOTION
to Move the Question. Voice
vote, All in Favor. Voice Vote on the Article as presented. All in Favor. Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed.
ARTICLE
15
PASSED Shall
the Town establish a Capital Reserve Fund for the purpose of installing
Dry Hydrants and to raise and appropriate the sum of $25,000.00 (Twenty
Five Thousand Dollars) to be added to that fund and to appoint the Board
of Selectmen as agents to expend? (Recommended by the Board of
Selectmen; Recommended by the Budget Committee) MOTION
to Move the Question. Voice
vote, All in Favor. Voice Vote on the Article as presented. All in Favor. Richard Senor made a Motion To
Move Articles 19 and 20 to be considered next.
Motion Seconded. Explanation from Mr. Senor. Voice Vote.
Nays in the Majority. Motion Failed. Article read by Moderator. Motion made and seconded for discussion. Discussion followed. ARTICLE
16
PASSED Shall
the Town raise and appropriate the sum of $50,000.00 (Fifty Thousand
Dollars) to be added to the already established Bridge Replacement &
Maintenance Capital Reserve Fund? (Recommended by the Board of
Selectmen; Recommended by the Budget Committee) MOTION
to Move the Question. Voice
vote, All in Favor. Voice
Vote on the Article as presented. All
in Favor. Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed. ARTICLE
17 PASSED Shall
the Town raise and appropriate the sum of $37,500.00 (Thirty Seven
Thousand Five Hundred Dollars) for the purpose of purchasing emergency
generator(s)? (Recommended
by the Board of Selectmen; Recommended by the Budget Committee) MOTION
to Move the Question. Voice
vote, All in Favor. Voice Vote on the Article as presented. All in Favor. Edward Mical made a Motion To
Restrict Reconsideration on Articles 13, 14, 15, 16 and 17.
Motion Seconded. Voice Vote.
All in favor. Motion Passed. Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed. ARTICLE
18 PASSED Shall
the Town raise and appropriate the sum of $50,000.00 (Fifty Thousand
Dollars) for the purpose of Town Hall Roof Repairs?
(Recommended by the Board of Selectmen; Recommended by the Budget
Committee) MOTION
to Move the Question. Voice
vote, All in Favor. Voice Vote on the Article as presented. All in Favor. Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed. ARTICLE
19
PASSED Shall
the Town raise and appropriate the sum of $376,541.00 (Three Hundred
Seventy Six Thousand Five Hundred Forty One Dollars) for the
purpose of purchasing a pumper truck for the Fire Department.
Of that sum, $357,713.00 (Three Hundred Fifty Seven Thousand
Seven Hundred Thirteen Dollars) to come from a fire grant and to
authorize the Board of Selectmen to withdraw $18,828.00 (Eighteen
Thousand Eight Hundred Twenty Eight Dollars) from the Fire/Rescue
Vehicle Capital Reserve Fund for the remainder? (Recommended by the
Board of Selectmen; Recommended by the Budget Committee) MOTION
to Move the Question. Voice
vote, All in Favor. Voice
Vote on the Article as presented. All
in Favor. Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed. ARTICLE
20 PASSED If
the grant in Article 19 is not received by July 1, 2010, shall the Town
vote to authorize the Selectmen to enter into a 15-year lease purchase
agreement containing a non-appropriation clause, in the amount of
$376,541.00 (Three Hundred Seventy Six Thousand Five Hundred Forty One
Dollars) for the purpose of purchasing a pumper truck for the Fire
Department and to raise and appropriate the amount of $15,860.00
(Fifteen Thousand Eight Hundred Sixty Dollars) for the first six months
of payments for that purpose? (Recommended by the Board of Selectmen;
Recommended by the Budget Committee) MOTION
to Move the Question. Voice
vote, All in Favor. Voice Vote on the Article as presented. All in Favor. Edward Mical made a Motion To
Restrict Reconsideration on Articles 18, 19 and
20. Motion Seconded.
Voice Vote.
All in favor. Motion Passed. Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed. ARTICLE
21
PASSED Shall
the Town vote to take ownership of and accept responsibility for the
care and maintenance of the MOTION
to Move the Question. Voice
vote, All in Favor. Voice
Vote on the Article as presented. All
in Favor. Article
read by Moderator. Motion
made and seconded for discussion. Discussion
followed. ARTICLE
22
PASSED Shall
the Town vote to discontinue completely and absolutely and return to the
abutters; a section of the former location of
Beginning at a point between Lots 19 and 20 where the former
location of Newmarket Road meets the present location of Newmarket Road
across from the junction of Horne Street; thence proceeding generally
westerly along and through Lots 20, 19, 18-4, 18-3, 18-2 and 18 of said
former location approximately 1900’ to a point known as Lot 18, the
point at which the former location meets the present location of
Newmarket Road. All lots are
on Tax Map 12. (By Petition) MOTION
to Move the Question. Voice
vote, All in Favor. Voice
Vote on the Article as presented. All
in Favor. Article
read by Moderator. No Motion
made to open up a discussion. Article
23 Passed Over. ARTICLE
23
PASSED OVER Shall
the Town vote to change the current Class VI Road Policy in regards to
the construction of any structure or placing thereof on any tract of
land situated on Class VI Roads to be:
Regulated the same as all other roads in Warner in compliances
with all building codes, permits and rules with the following exception:
The property owner shall acknowledge and sign a hold harmless
affidavit to be attached to the deed recorded at the Merrimack Registry
of Deeds that town road and emergency services will not be provided by
the Town until the road is brought up to Class V specifications at the
property owners expense. The
Town is protected from liability according to NH RSA 674:41, II.
(By Petition) Article
read by Moderator. ARTICLE
24
To
transact any other business that may legally come before the meeting. Hearing no Motion to discuss
other business, Moderator accepted a Motion to Adjourn. Motion Seconded.
Meeting Adjourned at Respectfully
Submitted, Judith
A. Newman-Rogers Warner
Town Clerk
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