Town of Kensington

Planning Board Minutes

September 1, 2005

Approved October 6, 2005

 

In Attendance:  Michael Schwotzer, Chairman, Joan Whitney, Bob Solomon, Richard Powers, Michael Motherway, Selectmen’s Representative, and Jill Robinson, Rockingham Planning Commission Circuit Rider.  Peter Merrill joined the Board at 7:10 pm.

 

The Meeting was called to order at 7:04 pm by the Chairman.  At the request of Attorney McNeill, representing Boston North Holdings, who had other commitments this evening, the Board agreed to begin with the Public Hearing.

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.  Attorney McNeill explained that they had requested a continued hearing due to waiting for the Exeter Planning Board’s decision.  Since they were denied, they are appealing to Superior Court and Attorney McNeill suggested an indefinite postponement until the appeal is decided, which would be approximately 30 days for filing the appeal and then three to four months for the hearing.  The Board did not agree to grant this.  Attorney McNeill then explained that they had redesigned the plan, which does not require waivers.  Jill Robinson and Board members did not agree with the presentation of a new plan and the withdrawal of waivers to be submitted tonight without the opportunity to previously review.  Neither did the Board agree to allow withdrawal of the waiver letter and submission of the new plan and continue the hearing until the next meeting.  M. Schwotzer explained that the Public Hearing as scheduled would be for the Board to act on the request for waivers and the plan currently before the Board.

      Attorney McNeill related the details of the current plan, including that Boston North would do walking trails as a condition of approval and fire safety being serviced by a cistern with sprinklers installed in each unit. 

      The Board reviewed the Waiver Request Letter, dated May 27, 2005, by Jonathan Ring of Jones & Beach Engineers, Inc., and the June 1, 2005 letter of review/comments by Christian Smith of Beals Associates, agreeing to vote on each:

  1. Ch. III, Article 4.2 – right-of-way – Attorney McNeill stated that it will be a private way, thus a right-of-way is not necessary.  Bob Solomon moved that the plan note it will be a private way, seconded by Richard Powers with all in favor.
  2. Ch. III, Article 4.3 – cul-de-sac – exceeds1,000 foot limit from Rolling Ridge Drive – Peter Merrill moved to deny this waiver request as currently stated because it shouldn’t exceed the 1,000 feet and the cul-de-sac length needs to be measured from Powder Mill Road, seconded by Joan Whitney with four voting in favor and Michael Motherway abstaining. 
  3. Ch. III, Article 4.10.B – minimum street standards a) through e) – Bob Solomon moved to grant all waivers as requested, seconded by Peter Merrill.  Joan Whitney moved to amend the motion that the applicant will have to consult with all emergency response personnel in Kensington and Exeter as well as Exeter Hospital to their satisfaction, seconded by Peter Merrill with four voting in favor and Michael Motherway abstaining.
  4. Ch. IV, Article 7.B – construct leach fields within vegetated buffers – Peter Merrill moved to deny this waiver request based on the original intent being for health and safety, seconded by Bob Solomon with all in favor.

      Jonathan Ring responded that new test pits can be dug, however, if the cul-de-sac is to be measured from Powder Mill Road, they will need to work on revising the plan.

      Peter Merrill moved to continue the hearing to November 3, 2005 and require that future submissions for the Rockingham Planning Commission, Town Engineer, and the Town be submitted two weeks before the meeting, thus October 20, 2005, seconded by Richard Powers with all in favor.

      Abutter, Paul Kimball of Kensington, asked to speak with the Board.  He stated that there is a rechargeable aquifer under the property and urged the Board to contact the state to discuss this high density proposal.  Jonathan Ring explained that a hydrogeological study had been done by NH Soil Consultants, Inc. and submitted to the Board at the March 2005 meeting.  Peter Merrill reiterated questions and concerns regarding the gravel pit since it had been noted by USGS.  Peter Merrill moved to authorize Rockingham Planning Commission to assign an organization to do a hydrogeology study with the applicant to pay the expense and amended his motion to include contacting the Department of Environmental Services, seconded by Richard Powers with all in favor.

 

NEW BUSINESS:

Consultation for Gould – potential two-lot subdivision at 271 North Haverhill Road – Peter Merrill recused.  Chairman Schwotzer stressed that consultations have no bearing and are not binding in any way.  Jonathan Ring of Jones and Beach Engineers, Inc. presented a plan regarding a possible two lot subdivision if a variance from road frontage is obtained from the Zoning Board of Adjustment.   He stated NH Soils has flagged the wetlands and test pits have been done.  Attorney John Daly, representing the Goulds, was also in attendance. 

 

Consultation for Wiggin – gravel excavation and usage – Peter Merrill rejoined the Board.  Mr. Wiggin explained that on his 2.2 acre parcel at 243 Amesbury Road, he was filling a 50 foot dip in the front from a knoll and thought that this fell under landscaping thus did not require a permit.  He acknowledged that some excess material had been trucked from the site.  Chairman Schwotzer read from Chapter V, Article 1.3.D, “…no material may be removed from the site without Board public hearing and the required application for and granting of a permit if deemed necessary.”  Mr. Wiggin replied that he also has another 1.5 acre piece of property that he wants to make a flat field.   Chairman Schwotzer also read from Article 1.4 regarding a Public Hearing.  M. Schwotzer moved to allow Mr. Wiggin to remove said material behind lot 16 to the tune of 20 truck loads, then request an application for 17-2 to the Board with required information, seconded by Bob Solomon.  M. Schwotzer moved to amend the motion that approval be conditioned upon the estimation of material leaving not to exceed 500 yards, seconded by Bob Solomon.  The members voted in favor of the motion and the amendment.

 

CP Lumber – Request to move one building 50 feet – Michael Picard explained that a miscalculation had been discovered regarding the placement of the lumber storage building.  He explained that some lumber will be stored outside and unless this building is moved back 50 feet it will not leave enough room for turning.  He added that the buildings will be delivered the first week of October, thus time is critical.  He agreed to prepare new drawings and calculations immediately and have them approved by the town’s engineer.  M. Schwotzer moved to add this to the agenda for September 15, 2005 to present a revised plan, with calculations and engineering review, seconded by Joan Whitney with all in favor.

 

Approval of August 4, 2005 minutes – Michael Motherway moved to accept the minutes of August 4, 2005 as presented, seconded by Richard Powers with three voting in favor and two abstentions. 

 

Schedule Public Hearing 9/15 for Unitil Electric – tree trimming on scenic roads – a Public Hearing has been scheduled for September 15, 2005.

 

Proposed amendment to Ch III, subdivision regulations, Art 4.3 re: cul-de-sacs – tabled until the October 6, 2005 meeting.

 

Peter Merrill motioned to adjourn the meeting at 10:16 p.m., seconded by Bob Solomon with all in favor.

 

Respectfully submitted,

 

 

Denise Gregson

Administrative Assistant