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Planning Board approves Peacock Hill Rd LLC subdivision and site plan after runoff debate

Warner Planning Board · April 6, 2026
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Summary

After discussion over runoff calculations and differing engineering opinions, the Warner Planning Board concluded that subdivision and site-plan conditions for Peacock Hill Rd LLC had been met and voted to accept the plans; one member voted no on the site-plan acceptance citing an unreasonable condition.

The Warner Planning Board voted April 6 to acknowledge that subdivision conditions had been met for Peacock Hill Rd LLC (tax map 7 lot 39 and 39-1) and to accept the associated site plan after extended review of stormwater controls and engineering commentary.

Jason Lopez told the board that required mylars were delivered and that state approvals for septic, alteration of terrain and DOT permits had been obtained. He said two state engineers reviewed the design and found it in compliance but that the town’s engineering reviewer, Aries Engineering, raised concerns about the volume of runoff and whether the design adequately prevents increased flow to an abutter.

Members debated whether to request another review from Aries. Some members, including James Gaffney and John Leavitt, said the state approvals and the project’s two-year pre/post peak rate analysis supported the plan. Vice Chair Barak Greene said the condition requiring confirmation that the proposed pond mitigates the 50-year flood runoff was unreasonable given the state permits; he voted against final acceptance of the site plan on that basis.

Motions and votes were recorded: board members acknowledged subdivision conditions (motion by Barak Greene, seconded by James Gaffney) with a roll-call vote that carried (Leavitt YES; Gaffney YES; Greene YES; Coyne YES; Smith YES; D'Aprile ABSTAIN). Later James Gaffney moved, seconded by Barak Greene, to accept that the site-plan conditions had been met; the roll-call vote was Leavitt YES, Gaffney YES, Greene NO, Thompson YES, Coyne YES, Smith YES and the motion carried.

The site plan includes a reclamation bond of $141,000 to cover erosion and storm protections; Jason Lopez said the amount is based on DOT unit pricing and that Aries will be asked to review the estimate. The board specified no additional conditions at this meeting beyond those already attached to the approvals.