Town of Kensington
Planning Board Minutes
August 15, 2006
Approved September 19, 2006
In Attendance: Chairman Michael Schwotzer, Bob Solomon, Theresa Wojcukiewicz, Michael Motherway as Selectmen Representative, and Jill Robinson, Rockingham Planning Commission Circuit Rider.
PUBLIC HEARINGS
1. Site Plan Review for Gregory Swanton, 164 South Rd., Kensington, NH, M4, L16-2, in accordance with Chapter IV of the Zoning Ordinance and Land Use Regulations for Home Occupation as a Real Estate Broker. Mr. Swanton presented his application and the check list was reviewed by the board. The board concurred with the Zoning Board of Adjustment that an unlit sign with a maximum of 4 sq. ft. would be allowed and hours of operation would be 8:00 am to 9:30 pm. Bob Solomon moved to approve the Site Plan Review as presented with the Zoning Board of Adjustment conditions as written, seconded by Michael Motherway with all in favor.
2. Commercial Site Plan Review for JJR Holding Company, LLC, 272 South Road, Kensington, NH, M3, L24 in accordance with Chapter IV of the Zoning Ordinance and Land Use Regulations for operation of an auto repair shop. Mr. James and Mr. Bornstein, P.E. presented the plan with Bob Allen and Owen Bean, partners of the proposed business, Kensington Autoworks, LLC. Mr. Allen explained that they plan to repair automobiles with a maximum of 15 cars waiting to be repaired, which will be kept in the repair area at the rear of the building. There will be no junk cars, but there may be a maximum of 25 cars on the lot for sale that will not be registered. Mr. Bean assured the Board that the parking will be as orderly as possible and the dumpster will be screened. Best business practices will be utilized regarding hazardous wastes with full compliance at all times. An Emergency Preparedness Program, OSHA 29 CFR 1910.38 and CFR 1910, subpart L, was submitted. A copy will be forwarded to the Fire Department. Sign design was reviewed. Mr. James explained that he has a reserved right for heavy equipment storage. Chairman Schwotzer emphasized that if future changes are needed they would need to apply for an amendment to the Site Plan Review. Jill Robinson suggested an annual fire inspection be conducted. There was a request that the 50 mph speed limit sign be moved south. The Board of Selectmen and Police Department will petition the state.
Public comments were from abutter Laurie Cyr. She expressed concerns about vehicles leaking and Mr. Bean and Allen explained they would be kept on an impervious surface. Mr. Allen assured Ms. Cyr that there would be minimal noise from his race car and there will be no fuel storage except for incidental equipment such as lawnmowers, etc.
The checklist was reviewed. Michael Motherway moved to approve the Site Plan Review as presented subject to the following conditions: 1) Maximum of 25 cars on the lot for sale; 2) maximum of 15 cars awaiting repairs; 3) Dumpster to be screened; 4) Parking to be as orderly as possible; 5) Best management practices to be utilized regarding handling hazardous materials; 6) A copy of the state EPA certification to be supplied; 7) No Sunday business with “normal” business hours to be between 8:00 am and 5:00 pm; and 8) Rear area allowed for large equipment storage by property owner. Bob Solomon seconded the motion with all in favor.
3. AMEND Chapter III, §4.21.E of the Subdivision Regulations, Tree Clearing Regulations for New Development, to add the clause in bold, so that the section reads as follows:
“Every applicant for site plan or subdivision review, must submit, as part of his or her application, a plan of the site, prepared by a New Hampshire Licensed Forester, depicting the following:
Jill Robinson explained that with a recent development a wetland scientist had prepared the plan and the town’s forester, Charles Moreno, recommended clarification since there are differences between these specialties. Bob Solomon moved to adopt the amendment, seconded by Michael Motherway with all in favor.
NEW BUSINESS:
Gregory Swanton - Interview of possible PB Alternate Candidate – Mr. Swanton met with the members. Chairman Schwotzer explained that there are openings for three alternates. Alternates attend the meetings but vote only when a regular board member is absent. The Board members recommended the appointment and M. Schwotzer will write a letter to the Selectmen for a 2 year appointment.
Elderly and Workforce Housing Ordinance – Mark Lopez to present information-not in attendance.
Potential Subdivision Changes - Theresa Walker from the Rockingham Planning Commission presented information regarding two proposed changes to the subdivision regulations. She explained that the intent of requiring an environmental impact assessment on subdivisions would be to have the developer review existing data, such as the Fish and Game Wildlife Habitat Plan and the Land Conservation Plan for Coastal Waterways, and consider what resources might be on the property, such as surface and groundwater quality, fish and wildlife, vegetation and topography including slopes, depressions and scenic vistas.
The second proposed change would be to ensure that if a subdivision is to be developed in Kensington that access through town be required. Jill Robinson stressed that this would be extremely important in providing public safety services and suggested the following possible wording: “For the purpose of creating a functional street network that will ensure the safety of residents and the timely provision of emergency services, no development is permitted which may be accessed only through another town”. Following discussion, the Board asked Jill Robinson and Theresa Walker to contact Attorney Peter Loughlin to assist in developing a legally defensible regulation and bring the information to the Board.
OLD BUSINESS:
Davlynn Development, LLC – Completion of approval conditions – Jill Robinson presented the report summary from the town’s Certified Forester, Charles Moreno. A two-hour site walk was done on August 8, 2006 and Mr. Moreno had written that a follow-up site visit is needed to complete the assessment/recommendations. Ms. Robinson explained that Mr. Moreno would be willing to attend a work session to review the ordinance and discuss potential changes. She recommended a letter be sent authorizing Mr. Moreno to proceed pursuant to the following regulations: Article 4.21 F4; Agreement to periodic inspections by an agent certified as a state licensed forester, retained by the Planning Board, at the applicant’s expense, to ensure that the tree preservation plan is being followed before, during, and after the construction process; and K; Inspections. The designated forester retained by the town shall inspect the site, before, during and after construction to ensure that the applicant is following the tree preservation plan. The inspections are to continue after construction for a period of three years, on an annual basis, to assess the need to replace damaged or diseased trees. Michael Motherway moved to send a letter to Mr. Moreno to proceed and implement the recommendations per the town’s Article 4.21 F4 and K regulations, seconded by Bob Solomon with all in favor.
OTHER BUSINESS:
CIP (Capital Improvement Project) – Final version reviewed and approved. Bob Solomon moved to accept the Capital Improvement Plan as presented, seconded by Theresa Wojcukiewicz with all in favor.
Any other business properly brought before the board.
Michael Motherway reported that he’d spoken with Christian Smith, the town’s engineer, who explained that most towns have full-time Fire Chiefs. Chief LeBlanc is not currently NFPA certified, but board members agreed to meet with Christian Smith and the Selectmen to review the current regulations for potential changes.
Jill Robinson stated the block grant has been approved for work on developing an elderly/workforce housing ordinance. Members agreed to begin discussion at the next meeting.
Michael Motherway moved to adjourn at 9:35 pm seconded by Theresa Wojcukiewicz with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant