Town of Kensington
Planning Board Minutes
April 7, 2005
Approved May 5, 2005
In attendance: Chairman Steve Wilson, Bob Solomon, Peter Merrill, Joan Whitney, Michael Schwotzer, Michael Motherway, Selectmen’s representative and Jill Robinson Rockingham Planning Commission Circuit Rider.
Driveway permits – Bill Grant presented two; 27 French’s Lane and 28 Hoosac Road. Steve Wilson moved to accept the driveway permits as presented, seconded by Peter Merrill 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 – Henry Boyd of Parker Survey and owners, Barry Cynewski and Michael Picard, were in attendance. Mr. Boyd reviewed the March 2, 2005 letter from Christian Smith of Beal’s Associates stating he had not received a copy until he had gone to the town hall on April 4, 2005, thus not all the items were complete. The outstanding items include the following: 2) NHDES Site Specific permit approval; NHDES Construction Approval for septic system design and EPA Notice of Intent filing; 3) Final sheet to be stamped and signed by the certified soil and wetland scientist who conducted the delineation; 5) Designer’s to provide signage details for conformation with the municipal sign ordinance; 6) Septic design plans; 8) Test pits to be conducted in proposed leach fields; 10) Location and size of proposed utilities to be added to plan, including well and dyking for fuel storage tank; 12) Shielding of lighting; and 15) Treatment swales to be analyzed and modeled. Mr. Boyd requested a waiver to item 16 to allow for a 3” orifice to govern the detention pond as recommended by Christian Smith. Steve Wilson moved to grant the waiver, seconded by Peter Merrill with all in favor. Steve Wilson moved to grant conditional approval for the Site Plan Review listing all conditions per Christian Smith of Beals Associates’ letter of March 2, 2005 and addressing all the detailed concerns including those not on the list such as well, dyking, etc., and authorize the Chair to sign the plan when all have been completed, seconded by Peter Merrill with all in favor.
Continued - Proposed Tree Regulations for addition to the subdivision regulations.
Jill Robinson explained that she would be meeting with the Conservation Commission on April 12, 2005 and would like to postpone this public hearing until after that time. M. Schwotzer moved to postpone and continue the public hearing on the Proposed Tree Regulations to the May 5, 2005 meeting, seconded by Steve Wilson with all in favor.
NEW BUSINESS: Representatives from Boston North Holdings were not present at this time, so the Board continued to New Business.
Harold Bragg - lot line adjustment - Mr. Bragg presented a copy of the proposed plan regarding Map 5, Lot 26 and 27 and reviewed the two lots to be merged. There are no residences; however, they cannot be merged until they are under common ownership. M. Schwotzer moved that the Chair be authorized to sign the voluntary merger of Lots 26 and 27 of Map 5 at the time permissible following co-ownership of the lots, seconded by Bob Solomon with all in favor.
George – Consult regarding subdivision of her property at 149 Drinkwater Rd., M15, L13 – Not in attendance.
M. Schwotzer moved to go into Executive Session at 8:05 pm for the purpose of discussing advice from legal counsel, seconded by Steve Wilson with Wilson, Solomon, Merrill, Whitney, Schwotzer, Motherway, and Robinson voting in favor. A letter from Town Counsel was discussed with no decisions made. M. Schwotzer moved to end Executive Session at 8:28 pm, seconded by Steve Wilson with Wilson, Solomon, Merrill, Whitney, Schwotzer, Motherway, and Robinson voting in favor.
Public Hearing Continued:
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 and Jonathan Ring attended as representatives. It was determined that the note which has been added to the subdivision plan included the words “single-family” which the Board rejected as not having been part of the motion. Mr. Dow said he felt the note submitted was in compliance with the motion, however, Mr. Schwotzer read from a note handwritten by Attorney McNeil and submitted at the time that did not include the words “single-family” and from the approved minutes of November 16, 2004. Mr. Schwotzer stressed two points: 1) That the Board is requesting that the note be changed to read as motioned in the minutes, and 2) The section on note one, which reads, “No further development of lots 7 and/or 9 without subsequent review and approval by Planning Boards” appeared to be new. Mr. Ring said that part of the Exeter approval dated Oct. 28, 2004 was that they return to Exeter if they planned to develop lots 7 or 9. They agreed to provide the Board with a copy of the Exeter approval notes. Mr. Ring agreed to revise the note to the agreed upon motion. Steve Wilson moved to accept the application as complete, seconded by Joan Whitney with all in favor except Peter Merrill, who was opposed.
Peter Dow and Jonathan Ring reported they had met with the Conservation Commission and the members had voted that if the Planning Board approved the Site Plan Review, they would accept the proposed gift of land, but would want the conservation easement first, which was agreed to. A lot line adjustment will need to be done.
Mr. Dow said he had spoken with Paul Deschaine of Stratham regarding trash pickup. Stratham does pick up the trash, with private communities signing a waiver; however, they do not plow or maintain the roads. He added that the proposed condo documents for Rolling Ridge intend to include trash, roads, sidewalks, etc. Peter said the fiscal analysis shows that the community will be of economic benefit to the town. He did not feel elderly exemptions would be of any major significance.
The Fire Department Chief, Charles LeBlanc, called him and said the comments were acceptable and will include his requests for the fire pond, including 160,000 gallons of useable water and possible fencing. Mr. Dow is planning to have written approval of the fire pond in May. Mr. Ring explained that the pond will be fed both by ground and surface water.
Abutter Paul Kimball questioned how the Board could accept the plan when there had been an agreement on the subdivision that no new homes would be built. M. Schwotzer explained that the piece of land can be developed and there was prior information regarding their intentions. Mr. & Mrs. Hanson of Linden Street, Exeter, expressed concerns with the emergency entry being located in an unsafe area and also listed as a construction entrance. Mr. Dow agreed to reword the construction entrance and explained it is an easement for emergency use, but they are willing to do what the Board and the Fire Department want. Bob Solomon asked if it would be gated or would children be allowed to use it. Mr. Ring said he would clarify with Jim Sheridan.
Mr. Dow said he was authorized by Jim Sheridan to say that Mr. Sheridan would not apply to develop lot 7 for three years. Steve Wilson replied that he would prefer that they look at the complete proposed development relative to a present traffic study for all 56 units. Jonathan Ring agreed to ask the traffic consultant to attend the next meeting, Exeter’s Reviewer, and get a copy of Exeter’s Planning Board minutes. Mr. Ring suggested having a joint meeting with the Exeter members possibly coming to Kensington. M. Schwotzer suggested they notify Exeter of the application.
Bob Solomon read from the Kensington Zoning Ordinance and Land Use Regulations under Housing for the Elderly, Article 8.5 C.16, “Primary roads shall be built to subdivision road standards.” Jonathan Ring read from Article 2 D.3b of the Subdivision regulations, that the word “street” shall not include: “private ways serving condominium development…” Town Counsel will be asked to provide a legal opinion.
Jill Robinson asked about the designs showing second floors. Peter Dow explained that there could be caregivers or guests that would use the upper floor bedroom and they wanted this option shown in the plan and plan to request a variance. She asked if the traffic studies included caregivers and emphasized that the preference is to see the entire proposed development all at the same time.
A straw poll was taken by the Board in favor of seeing both proposed elderly developments and their total effect. Mr. Dow said he would consult with Mr. Sheridan. Jonathan Ring asked to continue the public hearing to May 5, 2005 and will try to bring the traffic engineer if possible. M. Schwotzer moved to continue the Public Hearing for Boston North Holdings, Inc. to the next Planning Board meeting scheduled for May 5, 2005, seconded by Peter Merrill with all in favor.
OTHER BUSINESS:
CIP (Capital Improvement Project) discussion – M. Schwotzer, Steve Wilson and Peter Merrill agreed to meet Thursday, April 14, 2005 to continue work on the Capital Improvement Plan.
Any other business properly brought before the board.
Jill Robinson asked about requirements regarding submission of yield plans for an open space subdivision and whether a loop road would be allowed and how it would be treated. A yield plan would show how many units could be done under conventional zoning, two acre lots with placement of septic, etc. That plan sheet would be called the yield plan, because the number of units or the yield would be the number of units allowed in a cluster. Then the developer would take that number and use it for the allowed density on the cluster plan, except that on the cluster plan he could put the units on 1 acre lots, thus preserving more open space.
Jill Robinson discussed the possibility of invoicing or charging as part of the application process fees for plan reviews. She explained that per the circuit rider contract she has 13 hours per month for both plan review and other activities. If plan review is separated out and paid by the applicants, she would have more time available to work on projects or other issues for the Board. M. Schwotzer moved that the Planning Board charge the applicant on major subdivisions and site plan reviews for Rockingham Planning Commission Review fees and Town Engineering fees and hold in escrow accounts, seconded by Steve Wilson, with all in favor.
Adjournment –Motion made and seconded to adjourn at 10:30 pm with all in favor.
Denise Gregson
Administrative Assistant