Warner Planning Board to advise Select Board on building rules for Class VI roads

WARREN — At a Feb. 16 work session, the Warner Planning Board agreed to prepare a letter for the Select Board outlining how the town should apply SB 281, the recent state change that allows building on Class VI roads when certain statutory acknowledgements are filed.

Vice Chair Barak Greene opened the discussion by citing RSA 674:41, I(c) and proposed specific language for town policy. "Construction on lots fronting a Class VI highway must comply with RSA 674:41, I(c)," Greene said. "The Town shall not deny a building permit solely due to Class VI frontage where the statutory acknowledgement has been reported. This policy does not constitute a road acceptance or maintenance obligation." Greene said he wants the town’s Select Board policy to mirror the statute and to remove language that would prevent construction solely because a property fronts a Class VI road.

The board debated practical implications. Bob Holmes clarified the record about insurance requirements: "Proof of insurance is not required but proof the property is insurable," he said. Micah Thompson warned lenders could decline mortgages for homes that cannot be insured: "A mortgage will be nearly impossible to acquire if the property does not have insurance," Thompson said. Ian Rogers reviewed the Select Board's existing Class VI rules and noted there is a process for determining whether emergency services should respond to a property on a Class VI road.

Several members said the town must balance private-property rights created by the state law with town concerns about emergency access and service levels. James Gaffney suggested the statutory change "will eventually be challenged in court" and urged the town to adopt a policy consistent with the statute while the Select Board considers enforcement and services. Greene said the Planning Board cannot completely wash its hands of emergency obligations: if a house is on fire the fire department would still attempt a response, he said.

On standards, the board agreed to remove a current policy requirement that a property owner upgrade a Class VI road to Class V as a condition to build. Instead, the Planning Board will recommend the Select Board (1) remove language preventing construction solely for Class VI frontage, (2) remove the upgrade-to-Class V requirement, (3) consider how taxation should reflect the level of town services available to Class VI properties, and (4) spell out that owners requesting full town services should maintain a roadway to Class V standards.

Members also discussed the Planning Board's limited authority: several said the board cannot block building so long as zoning requirements are met; Select Board approval is required for road upgrades. The board noted RSA 674:36 permits proportionate off‑site improvements tied to subdivision impacts, but it cannot require improvement of an existing Class VI lot as a precondition of receiving a building permit.

The board agreed to continue work on minor‑subdivision language and possible overlay options intended to preserve rural character while allowing some building on Class VI roads. Vice Chair Greene will draft a letter to the Select Board reflecting the points above and circulate it for Planning Board review.

Earlier in the meeting, the board approved the Jan. 19, 2026 minutes. Pier D'Aprile moved to approve the minutes; John Leavitt seconded. Roll-call votes were Ian Rogers YES, John Leavitt YES, Pier D'Aprile YES, Barak Greene YES, and Mike Smith ABSTAIN.

The meeting adjourned at 8:33 PM.