Town of Kensington
Planning Board Minutes
September 19, 2006
Approved October 17, 2006
In Attendance: Chairman Michael Schwotzer, Joan Whitney, Peter Merrill, Steve Wilson, Gregory Swanton, alternate, Michael Motherway as Selectmen Representative, and Jill Robinson, Rockingham Planning Commission Circuit Rider. Bob Solomon arrived later as well as Richard Powers who replaced Michael Motherway.
Cole, George & Nancy, Marion & Gary Lord, and Alex Cole – Minor Lot Line Adjustment for rear lot lines, Map 7, Lots 12-2 and 12-3 and reduce a portion of Map 7, Lot 12 to a 41.12 acre Conservation Easement. Dennis Quintal presented the plan explaining that when the survey was done it was determined that the garage on lot 12-2 was over the line. In order for the lot to be compliant, the lot line was adjusted by drawing a straight line, thus affecting all three parcels. The Board reviewed the checklist waiving the septic requirements. A certificate of monumentation will be a condition. Joan Whitney moved to approve the lot line adjustment with this condition, seconded by Steve Wilson with all in favor. Steve Wilson moved to authorize the chairman to sign the mylar when the condition is met, seconded by Joan Whitney with all in favor.
Charles Moreno – Discussion and review of the current Tree Regulations with discussion regarding potential changes. Mr. Moreno presented an overview of the applicability to the regulation, referencing his letter to the Board dated August 15, 2006, explaining there are three main parts:
1) Assessment of important ecological functions and values of the forest include wildlife habitat, water quality, exemplary natural communities and rare species as well as the overall health and integrity of the woodlands. Two areas of information that are integral in assessing forest functions and values are cover types including identification of aggregations of vegetation, species composition, forest structure, density, basal area measurements, cover type breakdown, etc. 2) Specific natural/physical features within the cover types should be identified and located on the site plan including tree groves, groupings of interest, individual uncommon specimen trees, trees older than 150 years, value to wildlife, shape and/or aesthetics, scenery, water quality, etc. Reference can be made to NH Natural Heritage Inventory and NH Fish & Game Coarse Filter Habitat Maps and other general sources of information.
2) Interpretation of the forest assessment information is done and then recommendations are made and incorporated into the site plan design with protection priority granted to important or unique forest areas and natural features. Protected open space areas are defined and future forest harvesting can be addressed by the preparation of a forest management plan.
3) Implementation should require a professional forester be engaged to prepare and supervise land clearing operation, determine which specific trees might be saved, designate trees for harvest which are diseased, hazardous, etc., plan harvest logistics to minimize site impact especially for logging equipment stream crossings, work on steep slopes or to prevent unnecessary damage and ensure that the basal area restriction is met and all state wetland and timber harvesting laws are followed.
Mr. Moreno suggested incorporating demarcation requirements into the regulations as part of implementation. A harvest plan should be required as well and M. Schwotzer suggested they could insert that into the sequence of construction. There was discussion about the 25% cut with a recommendation to perhaps average this percentage. Steve Wilson suggested perhaps 15% for infrastructure such as roads, etc., 30% for lots with an average of 25%. Mr. Moreno suggested allowing cutting in the open space with a management plan rather than having a no cut zone. He also suggested this be done with conservation easements.
Joint Meeting of Planning Board Members and Board of Selectmen
Christian Smith of Beals Associates – review current regulations, such as cisterns and NFPA requirements/certification. Mr. Smith presented copies of NFPA 1141, Fire Protection Infrastructure of Land Development 2008 edition, and 1142, Water Supplies for Suburban and Rural Fire Fighting 2007 edition. He said the current Fire Chief would need to endorse. Basic cistern installation requires 30,000 gallons and is typically fiberglass or concrete. The Board asked if there are outside certified consultants to test the pumps, etc. Mr. Smith said he believed Hampton Falls did this before their Fire Chief took over. He said that during installation the Chief and the town’s reviewer should be in attendance. Steve Wilson emphasized that the cisterns are structures and subject to building codes. He added that he feels a fire protection engineer should have been hired for the Rose Petal Estates development. Mr. Smith said the cisterns were covered when he took over as the town’s reviewer. Steve Wilson said he feels they therefore need to be certified. Other issues regarding this development included erosion control, with Mr. Smith explaining it had been completed but now the individual lots are an issue, the open space and whether or not a homeowner’s association had been established. Steve Wilson moved that the Planning Board forward a letter to the Selectmen to require a comprehensive review of the development with a complete list of deficiencies to be corrected before the release of any further bond money and if not corrected the Selectmen issue a cease and desist order, seconded by Richard Powers with all in favor.
Conservation Commission – Sydnee Goddard – Discussion regarding Kimball easement. Sydnee and John Skewes met with the Board to discuss the proposal to do a Warrant Article for a bond this March at Town Meeting. Sydnee explained the 50% grant funds of $314,000 offered by the Farm and Ranch Land Protection Program which they had to pass on because the Selectmen could not commit immediate resources. She presented an appraisal done for the Kimballs in the spring. Joan Whitney said it may have been higher at that time than it would be now. Sydnee said another would be done if they were to accept grant funds and several Board members suggested the Conservation Commission have another one done now in preparation for a Warrant Article. The Conservation Commission will be seeking donations as well. John Skewes discussed the possibility of structuring the bond for future purchases if they become available and stressed that the larger parcels of good land will be disappearing in the near future due to last generation farming. Sydnee will seek additional bond information.
NEW BUSINESS:
Elderly and Workforce Housing Ordinance – Discussion for development of a potential ordinance-postponed
OLD BUSINESS:
Davlynn Development, LLC – Completion of approval conditions – nothing presented
OTHER BUSINESS:
Neither M. Schwotzer nor Peter Merrill will be able to attend the November 21 meeting.
Peter Merrill moved to adjourn at 10:28 pm seconded by Steve Wilson with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant