Town of Kensington
Planning Board Minutes
May 5, 2005
Approved June 2, 2005
In attendance: Chairman Michael Schwotzer, Bob Solomon, Joan Whitney, Michael Motherway, Selectmen's representative and Jill Robinson of the Rockingham Planning Commission. The meeting was called to order at 7:05 pm. Peter Merrill joined the Board at 7:25 pm.
Approval of April 7, 2005 minutes – Bob Solomon moved to approve the minutes as submitted, seconded by M. Motherway with all in favor.
Driveway permits – None were presented.
Question and Answer Session – Chairman Schwotzer explained that the Board is looking for Planning Board members. It is a seven person Board with current openings for a one year full member term and three alternate positions. A new resident, Bernhard Mueggler, expressed interest, however, it he is not a US Citizen at this time. Anyone having questions or a desire to serve can contact Mike Schwotzer, Denise at the Town Hall, or any member of the Planning Board.
PUBLIC HEARINGS
Lewis Realty Trust II and Clewell, Lot Line Adjustment – Cottage Road – Harold Bragg presented the information explaining that the lots had been separate lots by deed since the 1970's but the town had treated them as one lot. The Clewells and Mr. Lewis could not survey the lots until after they took title to the properties. The survey revealed that the Clewell's paddock was on the Lewis property. This adjustment proposes to give the Clewell's ownership of the paddock with an equal square footage of 10,800 of the back portion of the Clewell lot being deed to the Lewis lot. There is no change to the frontage of the lots. M. Schwotzer suggested this matter be continued until later in the evening when Mr. Clewell arrived.
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 said he had asked Mr. Sheridan if he wanted to have the proposals for both lots 7 and 9 reviewed at this time, but he had said that he just wanted what's on the application at this time.
Jeffrey Dirk of Vanasse & Associates, Inc., the traffic engineer for this proposal, presented a synopsis of the study conducted. He explained that the data, done in accordance with state standards, is based on the full proposal of 56 dwellings, 10 single family homes in Exeter and two 23 unit condos in Kensington. He detailed that physical traffic counts were conducted at the peak hours of 7 to 9 am, and 4 to 6 pm, as well as automatic traffic counts using rubber road tubes for 24 hour periods. While the study was conducted in July, traffic projections were done for the High School with later follow up conducted Nov. 2004 correlating with actual counts. Hand held radar was used to obtain speeds with this method revealing the actual speed was 36 mph at 85%, although the road was posted at 30 mph. Another speed test using the road tubes for a period of 72 hours yielded a speed of 39 mph at 85%. The state requires a projection of 10 years, thus 81 proposed units for Exeter and the new high school were included. Using state safety data, no significant crashes or deficiencies were noted at the intersections. For line of sight, 40 mph was used, which determined that 305 feet was required. Currently the required line of sight is obscured, but studies show that with clearing of vegetation and modifying some of the stone walls on the developer's property and public ways, they could achieve 350 feet, which is a condition of approval required by Exeter. Exeter had an engineer review the data and he concurred with all of the findings.
Mr. and Mrs. Hanson of Exeter had several comments. Mr. Hanson said he disagreed with the safety studies as most of the accidents occur between his home on the curves and their driveway, not the intersections. Mrs. Hanson said she took issue with the data using standard single family homes as these have three car garages. She added that there is nothing for the elderly to walk to, thus they will need to use their cars. Mr. Dirk confirmed that the road meanders and there are hills and dips, thus the 30 mph posted speed. He added that it is a scenic road and they do not want to change the road characteristics as this could increase the speed. Paul Kimball commented that on Kimball Road where they used to see one car, they now see four or more just over the past year.
The emergency road was discussed with Peter Dow explaining it was added to the plan as a requirement. He will be going before the Exeter Planning Board on May 26th for a conceptual review so they will be familiar with it prior to the joint meeting with the Kensington Planning Board on June 2, 2005. The necessity of having this emergency road can be discussed at that time and he will get it in writing from the Exeter Fire Department and Chief LeBlanc whether or not it is necessary. If there is a consensus that it is not needed, perhaps they can remove it from the plan. Mr. Dow said they were also proposing a fire pond of 190,000 gallons of useable water, which the Kensington Fire Department prefers over a cistern. Christian Smith had suggested fencing; however Peter Merrill expressed concerns that the fencing must be non-climbable for safety reasons. Jonathan Ring replied they could do a cistern.
Chairman Schwotzer commented on responses the Board had received from Town Counsel, Charles Tucker, in response to their questions. M. Schwotzer explained that while primary roads are not defined, Attorney Tucker had replied in his letter that, “…if there is a major roadway which serves one or both of the proposed sites or lots or developments, the Town can determine it is ‘primary road’ and that it needs to be built to Town road specifications.” Peter Dow responded that the proposed roads are to town standards, except they are not 66 feet wide and do not meet curvature. He added that Christian Smith had reported they were safe and it is not a cul-de-sac, but a looped road serving condos. M. Schwotzer suggested they consider applying for waivers from the requirements. Bob Solomon suggested including a cul-de-sac, Chapter III, Article 4.3, before meeting with Exeter and looking at this as well as the safety road. Peter Dow reiterated that the proposed road is a loop, not requiring a turn around and not a public road but an access way for condos. Jill Robinson commented that she felt the design further isolates the residents of the condos and Bob Solomon commented that the cul-de-sac was an issue with lots 7 & 9. The Board agreed to check with Town Counsel regarding the definition of cul-de-sac and then review. Mr. Dow asked to be notified if they get an answer.
Peter Merrill commented on the gravel pit reference on the plan. Peter Dow said they had checked into the history and reclamation/remediation.
Peter Dow explained that the septic for units 7 through 11 are within 50 feet of the vegetative buffer. The areas are currently meadows and they would be grassed. The Board suggested they request a waiver.
He also commented on note G1, number 13, requesting flexibility for constructing the units, such as 2 to 3 foot differentials with 50 foot buffers between units. M. Schwotzer suggested that when preparing the site they have the differential defined when requesting a building permit.
Peter Dow and Jonathan Ring requested to continue the hearing. Peter Merrill moved to continue the public hearing on this project to June 2, 2005, seconded by Bob Solomon with all in favor.
Lewis Realty Trust II and Clewell, Lot Line Adjustment – Cottage Road continued – Mr. Clewell met with the Board and confirmed the reasons for the lot line adjustment. He showed the septic for his home was on his property. The check list was reviewed and approved. Peter Merrill moved to accept the plan as presented and authorize the chairman to sign, seconded by Bob Solomon with all in favor.
George – Consult regarding subdivision of her property at 149 Drinkwater Rd., M15, L13 – Mr. & Mrs. George explained that they would like to do a small subdivision of two to three lots, however there is only 30 feet of frontage. Chairman Schwotzer read from the Zoning Ordinance and Land Use Regulations that each lot would need 200’ of frontage on a publicly maintained road, thus a road would need to be built. Mrs. George said she had been told she would need to be denied by the Planning Board before going to the Zoning Board of Adjustment for a variance. Mr. Schwotzer explained that she could apply directly to the Zoning Board of Adjustment in this case.
Jones & Beach representing Dupere Corporation – Conceptual Review Consultation of 187 South Road, Map 5, Lot 7 for a Cluster Development – M. Schwotzer read from the Zoning Ordinance and Land Use Regulations Chapter III, Article 3.1 G, Preliminary Consultation; “…The preliminary consultation shall not be binding on the applicant or the Board and shall not be considered as a submission of application…” Joan Whitney recused as she is an abutter to the property. Jonathan Ring, referencing Chapter III, Article 10, Open Space Subdivision, asked how an applicant would get approval for the density. M. Schwotzer explained that he would draw a conventional subdivision first and then do the open space design.
Vote to authorize Joint Meeting with the Exeter Planning Board June 2, 2005 regarding Boston North Holdings – Peter Merrill moved to have a joint meeting with the Exeter Planning Board on June 2, 2005 at the Kensington Town Hall, seconded by Joan Whitney with all in favor.
Continued - Proposed Tree Regulations for addition to the subdivision regulations – Jill Robinson explained that the Conservation Commission has concerns with Article VIII. They also discussed whether dead trees, etc. should be included in the 25%. She agreed to look more into these issues. Michael Motherway moved to continue the public hearing to June 2, 2005, seconded by Peter Merrill with all in favor.
OTHER BUSINESS:
CIP (Capital Improvement Project) discussion – M. Schwotzer they are continuing to work on fiscal needs in conjunction with population growth.
Signing of Underground Utilities regulations approved 3/3/05 - Signed
Any other business properly brought before the board.
Joan Whitney said she feels the town needs a Code Enforcement Officer and suggested that perhaps the position could be required of the next police officer hired.
Peter Merrill moved to adjourn at 10:43 pm, seconded by Michael Motherway with all in favor.
Denise Gregson
Administrative Assistant