All towns · warner

08/17/2026

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   DRAFT Planning Board Work Session Minutes 
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August 17, 2026 7:00 PM 
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Lower Meeting Room   Warner Town Hall    5 E Main St  
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I. 
OPEN MEETING: Chair Karen Coyne called the meeting to order at 7:03 PM. The Pledge of 
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Allegiance was recited. 
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II. 
ROLL CALL 
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III.   
PUBLIC COMMENT  
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Karen Coyne opened the floor for public comment at 7:05 PM 
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None 
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Karen Coyne closed the floor for public comment at 7:05 PM 
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IV. 
NEW BUSINESS -  Conservation Commission  
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None 
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V. 
MINUTES -  July 20, 2026, and August 3, 2026  
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Barak Greene made a motion seconded by Pier D’Aprile to approve the July 20, 2026 meeting minutes 
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as amended. Roll Call Vote Coyne YES Greene YES Gaffney YES D’Aprile YES Holmes YES Leavitt 
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ABSTAIN Smith ABSTAIN 
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Barak Greene made a motion seconded by Pier D’Aprile to table the minutes of August 3, 2026.   
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Coyen YES Greene YES Gaffney YES D’Aprile YES Leavitt YES Holmes YES Smith ABSTAIN 
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VI. 
UNFINISHED BUSINESS 
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A. New Floodplain Map Adoption  
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Ed Mical informed the Planning Board that he submitted to the state Warner’s site plan review regulations, 
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the subdivision regulations and the floodplain Management ordinance that he retrieved from the Town’s 
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website. He stated that the floodplain management ordinance was reviewed.  The dates will need to be 
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updated by the Select Board.  Ed Mical expects that to be done by the end of the month.   
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Ed Mical explained that the subdivision regulations were reviewed without issue.  He advised the Planning 
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Board that the language on page 34 section 25 of the site plan review regulations (flood hazard area) needs to 
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be revised.  He has provided the language that the State would like to see in the site plan review regulations. 
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Planning Board Member 
Present 
Absent 
Karen Coyne, Chair 
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James Gaffney 
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Pier D’Aprile 
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Barak Greene, Vice Chair 
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Bob Holmes 
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Mike Smith – Select Board 
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John Leavitt 
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Micah Thompson– Alternate  
 
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Vacant – Alternate  
  
 
TOWN OF WARNER 
                       PO Box 265  
            Warner, New Hampshire 03278-0265   
                 Telephone: (603) 456-2298   ex. 7  
Warnernh.gov  email: landuse@warnernh.gov    
           

 
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Barak Greene made a motion seconded by Mike Smith to insert the recommended language to the site 
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plan review regulations in section 25: 
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“For subdivisions and site plans that involve lands designated as special flood hazard areas by the National 
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Flood Insurance Program. A) Planning Board shall review the property development to assure all necessary 
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permits have been received from those government agencies, and which approval is required by federal or 
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state law, including Section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 
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U.S.C.1334.  B) The Planning Board should require that all proposals for development greater than 50 lots 
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or 5 acres, whichever is lesser, including base flood elevation data within such proposals ie; flood plain 
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boundary and 100-year flood elevation.  C) The Planning Board should require the applicant to submit 
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sufficient evidence, construction drawings, grading and land treatment plans so as to allow a determination 
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that   i. All such proposals are consistent with the need to minimize flood damage.    ii. All public utilities 
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and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or 
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eliminate flood damage   iii. Adequate drainage is provided so as to reduce exposure to flood hazards.   
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Motion passed unanimously 
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Karen Coyne stated that this will be noticed for the September 14, 2026 meeting. James Gaffney expects the 
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Planning Board will vote to continue or adopt the revision.  Karen Coyne explained that the Office of 
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Planning and Development has made it very clear stating “that for any upcoming projects that are being 
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proposed around Exit 9 since the new flood maps will effective in 3 months and since the new maps are more 
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restrictive in terms of flood risk these are the maps that should be used when permitting development in the 
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floodplain. Also, if any of the old maps were used and if there are any substantial development or 
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improvements, then depending on the severity of the renovations, the entire structure would need to be 
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brought into compliance based around the new maps”. 
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B. Capital Improvement Plan (CIP), 2024-2029   
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The Planning Board began to review the CIP. Barak Greene expressed his concern regarding the Police 
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Department CIP request. He stated that with the 34 housing unit and the potential to lose the ability for the 
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State Police patrols. He inquired if the Planning Board should ask the Police Department to reconsider their 
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proposed CIP. James Gaffney explained that it is not a capital expense. Barak Greene questioned if an 
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additional police officer should be hired.   
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Karen Coyne explained that the Planning Board has received two documents; project expenditures and town 
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meeting appropriations. She explained that the fire department made a few revisions to lighten the load by 
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extending the life of two vehicles. Karen Coyne explained that the Assessing CIP beyond five years is an 
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estimation. She stated that the town is in a five year contract and anything beyond the five years is an 
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estimation.  James Gaffney questioned the lawfulness of the 5 year contract, he stated that it would need to 
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go to Town meeting to be approved. Karen Coyne stated that a copy of the contract is included in the backup 
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information. 
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Pier D’Aprile questioned the DPW project expenditures under highway road construction. He stated that 
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2032 does not include an amount. He stated that is an oversight and it should be $575,000. 
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Pier D’Aprile made a motion seconded by James Gaffney to submit the CIP (Capital budgets) as 
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amended. Motion passed, John Leavitt and Mike Smith abstained 
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C. Public Hearing Continued - Site Plan Review for Comet LLC  Ben Osgood, Michael Quinn 
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Site plan review for commercial building to be occupied by a Dollar General.  
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Ben Osgood explained that the plans have been revised to reflect three additional parking spaces, revised 
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grading on the side and back of building. Ben Osgood stated that a berm has been added to collect the water 
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that comes off of the building.  He explained the storm water will be sand filtered before it goes into the 
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underground storage.  He stated that he has submitted the traffic reports and the trip generation reports.  Ben 
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Osgood informed the Planning Board that the previous plan reflected 1829 trips per weekday but with the 
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new use that dropped to 1666 trips. He explained that the traffic count from the previous study indicated 
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4464 trips a day east of North Road and a recent count there were 3,774.  Ben Osgood noted that was done in 
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April and that should be adjusted up by 15% resulting in 4,340.  James Gaffney spoke about the traffic flow 
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coming from exit 9 the first driveway will be an entrance only and the exiting traffic they will be using the 
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second driveway which allows them to turn left or right. Ben Osgood informed the Planning Board that they 
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submitted the plans to Alteration of Terrain (AOT) for their review. He explained the recommended revisions 
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for AOT approval. 
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Karen Coyne opened the floor to Planning Board questions. Pier D’Aprile asked for clarification on the 
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traffic count and the location of case documentation. James Gaffney questioned the snow storage/melting 
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going down the slope as opposed to the retention pond.  Ben Osgood assured the Planning Board that the 
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slope and elevation will direct run to the surface sand filter. 
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Karen Coyne opened the floor to public comment. 
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Daniel Del Caro 24 Geneva Street stated that he is against a Dollar General store in Warner because it brings 
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nothing to society.  He stated that it is a corrupt multi-million dollar corporation.   
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Carol Ann Sims 24 Geneva Street spoke against the Dollar General coming to Warner. She spoke about labor 
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issues, low pay, understaffed, OSHA violations. She stated that there are many lawsuits filed New York, New 
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Jersey, Oklahoma, South Carolina and Missouri. She spoke about the unique character of Warner and other 
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communities that Dollar General is eroding.   
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Ashley Duquette (online) spoke against the Dollar General store.  She stated that the Dollar General is not 
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good for the community. She stated that Comet LLC should be ashamed for putting profit over the good of 
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the community.  
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Colleen Murphy 24 School Street spoke in opposition to the Dollar General. She stated that Warner has 
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unique character.  She stated that Dollar General sells cheap merchandise from China and does nothing to 
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benefit Warner.   
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James Gaffney point out that New Hampshire law and Warner’s zoning ordinance (approved by the voters) 
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do not permit the town to discriminate based on the tenant. He stated that Comet LLC did not have to tell the 
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Planning Board who they intended to rent to. James Gaffney explained that the Planning Board is required to 
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make their decision based on the setbacks, use, required parking and other specific criteria. Daniel Del Caro 
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stated that the Planning Board decision could be based on what the tenant brings and that should not be 
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excluded. James Gaffney reiterated that is not permitted by law. He stressed that the town voted on and 
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passed the zoning ordinance. He explained that businesses must comply with the state law. James Gaffney 
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stated that if the Town were to discriminate it is likely that the Town will incur find itself in very large losses 
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from lawsuits.  He reiterated that the law does not permit a decision to be based on who the tenant is. Daniel 
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Del Caro explained that the citizen of Warner are able to make comments and observations. James Gaffney 
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agreed, and he reminded those in attendance that the Planning Board members took an oath of office to 
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uphold the laws of the State of New Hampshire and the New Hampshire constitution.   
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Colleen Murphy asked if the residents have a right to decide what comes to Town. Karen Coyne explained 
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that the time to do that is not when there is an application before the Board. James Gaffney explained that 
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restraints by the State legislature have been put on municipalities.  Karen Coyne noted that there could be 
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other ways through Town meeting.  James Gaffney stated that it would have to be done by use, it cannot be 
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by name.  Barak Greene explained that an Economic Development Advisory Committee (EDAC) could also 
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be helpful in situations like this but currently the EDAC is defunct from the lack of volunteers.  He stressed 
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that the town needs volunteers.  Pier D’Aprile stated that the EDAC was mentioned at the last meeting and 
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Mr. Quinn has not reached out.  Mr. Quinn stated that was a false statement. He explained that he has been in 
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contact with the EDAC for the last few years.  He informed the Board that he was in talks with Concord 
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Hospital regarding the space but they were not interested because there was not enough traffic for the 
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hospital.  Mr. Quinn explained that he personally went out of his way to contact the committee. 
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John Leavitt stated that public comment does not have lawful restrictions but that does not mean that the 
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Planning Board can comply with the requests. He explained that the Planning Board is very limited as to 
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what they can and cannot accept.  
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Bob Holmes explained the New Hampshire Municipal Association position on public comment. NHMA said 
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that public comment is reserved for abutters and those with special impact.  He explained that NHMA says 
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the general public has no driving impact under New Hampshire law and in some instances NHMA 
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recommends not allowing public comment.  Karen Coyne stressed that fortunately for Warner’s public that is 
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not a shared opinion.  James Gaffney stressed the Planning Board’s efforts to be transparent. 
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Karen Coyne closed the public comment at 8:17 PM.  
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Mr. Quinn addressed the issue of preferred signage, he explained that he has low confidence that he will be 
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successful with Dollar General but he would be happy to help.  James Gaffney explained that lighting, 
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signage and hours of operation continue to be areas of concern.  Karen Coyne explained that the Board can 
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also address those concerns as conditions of approval.  
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Karen Coyne continued the discussion to September 14, 2026. 
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VII. 
COMMUNICATIONS   
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Karen Coyne stated that a few additional letter regarding the Dollar General have been received. 
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James Gaffney addressed the need to the document folder on the website. Karen Coyne explained that there 
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needs to be enforcement.  James Gaffney suggested drafting a letter to the Select Board to address the issues 
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on the website. Margaret Bastien stated that she will assist the Board in whatever way she can. Karen Coyne 
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stressed that the draft minutes need to post to the website within 5 days.  Pier D’Aprile explained the 
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importance of timely distribution of materials and posting.  The Board discussed the challenges of naming a 
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case file.  James Gaffney stressed the importance of making the public aware of the criteria that the Planning 
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Board must follow in their decision making process.   
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VIII. PUBLIC COMMENT   
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Karen Coyne addressed the topic discussed earlier about the public’s right and ability to make changes. She 
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stressed that it comes down to the zoning laws.  Karen Coyne acknowledged that the Town cannot refuse 
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based on brand names but they can say that the Town does not want big box stores if the town ordinance 
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reflects that.   
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The Board discussed the need for volunteers.   
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IX.  
ADJOURN   
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The meeting adjourned at 8:34 PM 
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Respectfully submitted by Tracy Doherty 
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