Town of Kensington
Planning Board Minutes
February 19, 2008
Approved March 18, 2008
In Attendance: Chair Joan Whitney, Vice-chair Mike Schwotzer, Theresa Wojcukiewicz, as well as Jill Robinson and Dylan Smith, Rockingham Planning Commission Circuit Riders. Jill Robinson introduced Dylan Smith who will be taking over for her as the town’s Rockingham Planning Commission representative.
Meeting called to order at 7:37 pm.
Approval of January 15, 2008 minutes –M. Schwotzer moved to accept the minutes of January 15, 2008 as presented, seconded by Theresa Wojcukiewicz with all in favor.
NEW BUSINESS:
Voluntary Lot Mergers –
1) Rutishauser & Sprauer, Moulton Ridge Road, merging lots 8-1 & 2 on map 10 – Joan Whitney explained that if the merger is approved, it would be necessary to come back to the board to subdivide. Mr. Rutishauser replied that he understood. M. Schwotzer moved to approve the voluntary lot merger for Rutishauser & Sprauer, Moulton Ridge Road, Map 8, Lots 1 & 2, seconded by Stefanie Johnstone with all in favor.
2) Robert Batchelder, 222 & 224 Amesbury Road, merging lots 68 & 68-1, map 6 – Joan Whitney explained that if the merger is approved, Mr. Batchelder will have one lot, not two grandfathered lots. Mr. Batchelder said he understood. He also said he is not planning to resubmit a merged plan to the registry at this time. M. Schwotzer moved to approve the voluntary lot merger for Robert Batchelder, 222 & 224 Amesbury Road, for lots 68 and 68-1 of Map 6, seconded by Theresa Wojcukiewicz with all in favor.
Debco Realty Trust – Bond reduction request – Attorney Woiccak presented the information on behalf of Debco Realty Trust. He explained that a request for bond reduction had been submitted to the Selectmen and considered several weeks ago. They had requested he go before the Planning Board for approval. Attorney Woiccak said he is not sure what will happen with the fire pond and pointed out that there is a second pond on lot 33 which is within 1500’ of the homes. Stefanie Johnstone said she hasn’t heard anything regarding this from Christian Smith. Attorney Woiccak’s history included the information that a bond request had been approved to around $148,000 but has never been put into effect and that Debco Realty Trust was entitled to a reduction. He added that Bruce Nadeau was willing to do an additional pond as it would enhance the value of his son’s home, even though more expensive.
Board member, M. Schwotzer, explained that the condition of Planning Board approval was not applied to this agreement as it predates that requirement. Therefore, the Board doesn’t have the right to make a decision and act on the reduction.
Stefanie Johnstone stated they haven’t heard anything regarding a third pond. Christian Smith would need to assess this and then bring to the Planning Board and the cost could affect the bond reduction. Chair, Joan Whitney, explained to Attorney Woiccak that she was guiding him back to the Selectmen as the Planning Board is not in a position to make a decision.
Kuegel Pit Report review – M. Schwotzer called the Board’s attention to item’s 8 and 1 of Christian Smith’s report. Of question is whether concrete is a permitted stockpile. There is a list of Imports allowed which Denise will copy for Board members. Joan Whitney moved to put this matter on next month’s agenda, seconded by M. Schwotzer with all in favor.
OLD BUSINESS:
Driveways – Proposed regulation changes – M. Schwotzer moved that they postpone this matter to next month’s agenda and ask David Buxton to attend, seconded by Joan Whitney with all in favor.
Outdoor Lighting Ordinance – Joan Whitney asked if the regulations would apply to building permits. Jill Robinson explained that most towns put this in the Site Plan Review regulations and added that regulating individual property owners is generally problematic. She hasn’t seen this done in other towns. She suggested a nuisance ordinance could be drafted and presented to the voters at the 2009 Town Meeting. Members agreed to continue discussion at the next meeting.
Structures 120 sq. ft or less – M. Schwotzer reviewed article A.3 in Chapter V, Article 3.1, Building Permits. He said that although a building permit is not required, per zoning all structures are subject to setbacks. Members agreed. M. Schwotzer will write a letter for the board members to review at the next meeting to the effect that all structures are subject to zoning setbacks regardless of size, but building permit fees could be waived for structures 120 sq. ft. or less. If approved, the letter will be forwarded to the Selectmen.
OTHER BUSINESS:
Reappointments – Mike Schwotzer and Peter Merrill - Board members approved reappointment of both. Denise will prepare the forms for the Selectmen.
Any other business properly brought before the board. – Joan Whitney, Rockingham Planning Commission representative, explained that the Office of Energy and Planning is working on inclusionary zoning and she would like to talk with the Conservation Commission regarding watersheds and other areas in town.
M. Schwotzer moved to thank Jill Robinson for her expertise and assistance with the Planning Board and to welcome Dylan Smith, seconded by Joan Whitney with all in favor.
M. Schwotzer moved to adjourn at 8:48 pm seconded by Stefanie Johnstone with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant