Town of Kensington
Planning Board Minutes
March 3, 2005
Amended and approved April 7, 2005
In attendance: Chairman Steve Wilson, Peter Merrill, Joan Whitney, John Sargent, Michael Schwotzer, alternate, Michael Motherway, Selectmen’s representative and Jill Robinson Rockingham Planning Commission Circuit Rider.
The meeting was called to order at 7:10 pm.
Approval of February 3, 2005 minutes – M. Schwotzer moved to accept the minutes of February 3, 2005 as submitted, seconded by Joan Whitney with all in favor.
Driveway permits – Bill Grant – Mr. Grant presented 4 driveway permits: Ryan at 3 Rose Petal Lane; DeBross Builders at 20 Rose Petal Lane; Savarese at 16 and 20 French’s Lane. M. Schwotzer moved to accept and approve the four driveway permits as submitted, seconded by John Sargent, with all in favor.
PUBLIC HEARING CONTINUED
CP Building Supply, Inc. – Commercial Site Plan Review for the Eastman property at 268 Amesbury Road, Map 3, Lot 15 – The applicants had requested postponement and had submitted an additional waiver of forty-five days. M. Schwotzer moved to continue the Public Hearing on CP Lumber Supply, Inc. until the next Planning Board meeting, seconded by John Sargent with all in favor.
PUBLIC HEARING
Proposed Tree Regulations for addition to the subdivision regulations – M. Schwotzer asked for clarification on the “basal” area in VII. Jill Robinson explained that it is the sum of all the basal areas of the individual trees with the measurement taken at a uniform height of about four feet. For initial site development it would be up to twenty-five percent and the same for building development on individual lots. M. Schwotzer expressed concerns about conflict.
Harold Bragg expressed concerns that the regulation was not adequate and only covered the beginning phase of development. John Skewes, Conservation Commission Chairman, explained that the intent is to prevent the developer from clear cutting the area and not to burden individual owners. Jill Robinson concurred with this explaining that the intent is to work with the Conservation Commission to prevent impact on forested areas. Letter G covers the tree preservation plan, which is to essentially set up a plan to minimize impact with the developers agreeing to follow the plan and work with the forester to develop the site. She stressed it is a good model and has been used in many towns. The bond is intended for tree protection during and after the construction process and will be tied to the developer during the three year process, meaning the developer would be responsible even if ownership changes. The bond can however, be periodically reduced.
John Sargent said he felt the regulation should be put before the town, emphasizing that he felt all regulations and ordinances should be done by town vote and made a motion to this effect. The motion was not seconded and Jill Robinson replied that this is procedurally the right process since to go through town meeting would make it more restrictive and any deviations would require Zoning Board of Adjustment approval.
Harold Bragg said he felt that when individuals purchase lots, they should not be encumbered by the regulation. John Skewes reiterated that there is no interest in controlling individual lots. Jill Robinson emphasized that the intent is to prevent large scale clearing and explained that the state laws deal with individual restrictions such as roads, ponds, etc. Steve Wilson commented that drainage plans are predicated on an analysis of what exists and clear cutting can negate the drainage plan. Most members and individuals said they were in support provided it does not impact individual owners.
M. Schwotzer moved to send section 8 (VIII) to Town Counsel for his opinion in regards to restricting this to the developers, i.e., pre final homeowner/builder and that the public hearing be held over to the next Planning Board meeting in April, seconded by Steve Wilson with all in favor.
Proposed Underground Utilities requirement for addition to the subdivision regulations – There was brief discussion regarding postponing this to go with the tree regulations, but it was agreed to act on this now. Joan Whitney moved to include in the subdivision regulations that all utilities be placed underground with the location of the underground placement to be on the plan and approved by the Planning Board, seconded by M. Schwotzer with all in favor.
Boston North Holdings, LLC – Site Plan Review of Map 16, Lot 4 for 23 detached single family residential housing units for the Rolling Ridge Active Adult Community – located off Powder Mill Road, Exeter, NH – Peter Dow presented the plans. He confirmed that “Active Adult Community” is for ages 62 and over and passed out a memo entitled “Topics for Initial Presentation to the Board regarding the Proposed Site Plan for a 23 Detached Unit Age-Restricted Condominium Development on Lot #9, Rolling Ridge Drive”, with a list of topics. He affirmed they were not discussing lot 7, only lot 9. Jonathan Ring, President of Jones & Beach Engineering, Inc. also participated in the presentation.
It was discussed that there was a conflict of understanding between the Board and the presenters regarding approval at the November 16, 2004 meeting. At that time, “Attorney McNeill said that the applicants would be willing to accept the condition that no new residential structures will be built in Kensington. Joan Whitney confirmed that this also included lot 7. The applicants also agreed to withdraw the request for a waiver to the cul-de-sac length. Joan Whitney moved as to the approval of this plan, no new residential homes will be constructed in the town of Kensington, seconded by Bob Solomon. Four voted in favor, with one opposed. It was agreed that a note will be added to the plan and additions to currently existing structures are not affected.” Peter Dow directed the Board to the conceptual presentation given on June 3, 2004 and said it had been their intent to return to the Board for Site Plan Review.
Mr. Dow detailed that they proposed twenty three 2400 sq. ft detached condo units with garage to be built in keeping with Article 8.4 on 19 plus acres, minimum 50 feet apart, and age-restricted to 62 years and over. They plan to donate 21.5 acres to the town and will meet with the Conservation Commission on March 8, 2005 to discuss. They are questioning whether the second bedroom should be ground level or whether they should seek a variance from the Zoning Board of Adjustment in order to provide a second floor bedroom, which would be for caretakers, guests, etc.
The plan is to provide a quiet, private community with a rural setting. There will be no wetland impacts, they will work with the existing slopes and grades, no blasting is needed, all the units will have underground utilities and this working environmental plan doesn’t stress the environment. There will be 12 drilled, bedrock wells, with sufficient flow and 12 septic systems, which will all be owned by the condo association. Vanasee & Associates, Inc. have done an impact and traffic, access study for 46 and 23 units, which indicated no loss of service to surrounding areas. Emergency services would be provided by Exeter Fire Department under mutual aid and services would be paid by the users. An emergency pull box has been confirmed. Mr. Dow provided handouts showing that fiscally the development would not be a burden, trash and roads will be private and this will be in the condo agreements. He added that if this plan is approved, they would not come back to the Board for three years.
Chairman Steve Wilson commented that there were almost 80 comments between Jill Robinson and Christian Smith which will result in changes to the plan. The discussion was opened to the public.
Joan Skewes, Drinkwater Road, Kensington, questioned the value of a disbursed community paying taxes and expressed concerns with the roads. Warren Hanson, Linden Street, Exeter, reiterated that approval was granted in November for subdivision with no houses to be built in Kensington and again expressed concerns with the traffic impact on a scenic road. Paul Kimball, Kensington, expressed concerns with the overall safety of the development. Susan Hanson, Linden Street, Exeter, expressed concerns with the emergency access now being labeled with a 30 foot, “construction easement” and sight distance, and also expressed concerns with road services, plowing and safety.
Mr. Dow responded to the concerns. He explained the roads would be private and the condo association would deal with plowing and road services. The 30 foot emergency access sight distance could be less since vehicles using it would be using lights and sirens.
Steve Wilson moved to present the November 16, 2004 tape and minutes to the Town’s attorney regarding the changes to the approval, then take 80 items from the Circuit Rider and the Town’s Engineer make the changes and submit to the engineer, seconded by John Sargent with all in favor. M. Schwotzer moved to continue the Public Hearing to the next meeting in April, seconded by John Sargent with all in favor.
OTHER BUSINESS:
Continued review of letter regarding the Seabrook Natural Hazards Mitigation Plan – continued.
Adjournment -Peter Merrill moved to adjourn at 10:45 pm, seconded by M. Schwotzer with all in favor.
Denise Gregson
Administrative Assistant