Town of Kensington
Planning Board Minutes
November 18, 2008
Approved January 20, 2009
In Attendance: Chair Joan Whitney, Bob Solomon, Steve Wilson, Peter Merrill, alternate David Buxton for M. Schwotzer, Theresa Wojcukiewicz at 7:50 pm, Dylan Smith, Rockingham Planning Commission Circuit Rider and Richard Powers. M. Schwotzer arrived around 9:15 pm but did not vote on any matters. Called to order at 7:31 pm
PUBLIC HEARINGS
Peter Kuegel – Requesting to amend import list to include hot top,
cement and bricks. Attorney Daniel Jones, representing Mr. Kuegel, explained
that in the original agreement with the town no asphalt or concrete was
permitted. The state now permits these items to be recycled and they would
work well to mix with the gravel. Bricks are being requested as well since
they are frequently found in recyclable concrete. These materials would
replace the volume in gravel now imported, thus there would be no increase,
thus no increased traffic. Any rebar found would be separated and removed from
the site. The estimate is 1% to 2% of recycled materials or no greater than 50
to 100 yds. Since they can be obtained economically Mr. Kuegel can afford to
crush them rather than have them buried elsewhere. Mr. Kuegel explained they
are not products he looks for but rather provides a service. They will be
holding to the same footprint. In response to questions from the Board, Mr.
Kuegel estimated that he hauled 40 to 50k tons yds. last year with 5k of
it dug from his pit; this resulted in an estimate of 35 to 45k tons yds.
imported resulting in substantial traffic. Joan Whitney read a letter from
board member, M. Schwotzer, who was unable to attend. (attached at the end)
Chairman Whitney opened the hearing to the public. Attorney Mary Ganz, representing the Bunnells of 24 Osgood Road, said they were concerned that this would increase traffic. She also passed out a Temporary Order from Superior Court dated July 20, 1998 which noted the adverse effect on public safety in general and a report by the Rockingham County Conservation District dated January 28, 1997 regarding a site walk during which Mr. Kuegel, “…mentioned keeping the operation small which in turn limits the number of trucks entering and leaving the site”. Janet Bunnell said she sees constant trucks but no oversight and felt this request might be better reviewed by the Zoning Board of Adjustment. Mike Donovan of 44 Osgood Road stated he’s been living there since the pit started and feels the native material is now gone, operation is far beyond a gravel pit and it has become a transfer station, with regulations violated over and over. He added that the materials being requested are toxic with regulations on how to handle them. He isn’t sure Mr. Kuegel will handle them well. Rob Garneau of 18 Osgood Road questioned whether the Board should be discussing what the penalty for the violation should be rather than considering further loosening of restrictions. He added that Mr. Kuegel had recently violated the buffer encroachment with his property (Mr. Kuegel did restore it) and that allowing more imports will only extend the pit operations. He added that all residents should be treated equitable with regard to the regulations. Peter Merrill read letters of opposition from Paul and Laura Landry, 5 Osgood Road and Peter Craig, 31 Osgood Road.
Steve Wilson questioned whether 5k yds. of native and 40k+ yds. of import is in keeping with the original agreement. Peter Merrill said he feels changing the agreement would not be good. Attorney Jones emphasized that these materials were not on the original list because they did not want them buried, but now they can be recycled. Janet Bunnell stated that there is concrete and asphalt in the pit now and asked how they could get them out.
Steve Wilson moved to approve the list to include hot top, cement and bricks, seconded by Joan Whitney with all members voting opposed. Steve Wilson moved to order the pit operator (Kuegel) to remove non-permitted items currently on site and schedule the town engineer to inspect the pit operation for this and other areas of non-compliance in order to report the status prior to the next month’s meeting. Discussion of further action will be posted on the next agenda. Motion was seconded by Joan Whitney with all voting in favor.
Site Plan Review - Eaton, Lewis & Stacey, 205 South Road, - following Zoning Board of Adjustment approval of a Special Exception for Home Occupation to operate a small winery. ZBA approval was reviewed. Lewis Eaton explained that they have a federal permit for transporting. They can’t use their own grapes until approved by the Dept. of Agriculture so they need to import grapes until that time. They will provide copies of their licenses for the town’s files. Steve Wilson moved to approve the Site Plan Review for Home Occupation of a small winery for Lewis and Stacy Eaton of 205 South Road, seconded by Steve Wilson with all in favor.
Scenic Roads – Amend Ch II, Article 5.1a to read more in keeping with RSA 231. It was suggested that the paragraph which currently reads, “RSA Chapter 231” be amended to read, “RSA Chapter 231:157 & 158” for greater clarity. Joan Whitney moved to amend Ch II, Article 5.1a to read, RSA Chapter 231:157 & 158 and forward for Town Meeting, seconded by Steve Wilson with all in favor.
Driveways – Proposed regulation changes – postponed.
NEW BUSINESS:
Hilliard Road – The berm will be removed and one more stop sign will be added.
Frying Pan Lane – The Board agreed with preparing a Warrant Article to close subject to gates and bars.
OLD BUSINESS:
Workforce Housing – This will need to be a Warrant Article for Town Meeting. Suggestions included putting under open space, which as is needs work. A draft was reviewed and Dylan Smith will continue to work on it. If needed a special meeting will be held as the time to have a Warrant Article ready is short. This will be prepared for a Public Hearing. Multi-family will be allowed in the commercial zone with a possible density bonus of 5 or more units with 2 affordable.
Signs – Postponed. Peter Merrill said he would like to add something that addresses trucks and trailers with signs advertising businesses.
Next meeting to be held Wednesday, Dec. 17th at 7:30 pm.
Theresa Wojcukiewicz moved to adjourn at 10:12 pm seconded by Peter Merrill with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant
See attached letter
49 Cottage Road
Kensington, NH 03833
November 17, 2008
Town of Kensington Planning Board
Attn: Joan Whitney, Chairman
95 Amesbury Road
Kensington, NH 03833
Re: Peter Kuegel request
Dear Joan / Members of the Kensington Planning Board:
Due to work requirements, I will be unable to attend tomorrow’s meeting but would ask that this letter be read into the record during the Public Hearing of “Peter Kuegel – Requesting to amend import list to include hot top, cement and bricks”.
Of the current Planning Board members, I believe that I have the most experience with gravel pits in Kensington and the Kuegel Pit in particular. Therefore, I would like to make the following observations:
· The property in question (originally owned by William H. Wadleigh) is one of the four “Existing Gravel Pit” listed in Chapter II, Planning and Zoning, Article 5.1b.
· From the Planning Board minutes / Public Hearing of January 6, 2000: “Mr. Krebs (RPC) said he would ask Mr. Kuegel to respond, when talking about 2B and 2C., the pit is not a big piece of property and there will be an end to what can be hauled out of there. There could be conceivably be a very small amount of native material and still be run as a loam storage area and he didn’t know if this was Mr. Kuegel’s intent. His concern is that it not become perpetual.”
· Article 1.10 I, Operational Standards, which are attached to and part of the Superior Court agreement between the Town and Mr. Kuegel states; “No organic, mineral or earth materials or any other debris may be brought onto the site without prior written approval of the Board.”
· Item 3.d of the January 6, 2000 “Pit Imports” specifically lists “asphalt or concrete debris” as not permitted.
· Beals Associates’ Construction Inspection Report of January 11, 2008, found that the “active pit floor contains stockpiles of screened loan, crushed stone, concrete and general fill material….”
Of the permitted gravel pits in Kensington, Mr. Kuegel’s is the only one that is allowed to import “Crushed stone and sand to use to modify the native materials to suit customers’ specifications or needs”. This is item 2a on the referenced list. To me, allowing these materials made economic / business sense due to the poor nature of the original gravel (ie: native materials) contained in the pit. Additionally, as each load containing native material, left the gravel pit, the life span of the pit itself was being shortened.
What has never made sense to me are the other two allowed items, loam and gravel from other job sites. I have always seen this as an expansion of Mr. Kuegel’s trucking / processing business which is located in another residential part of Town, but they are not the issue before the Board.
What is before the Board is a request to allow additional items, “hot top, cement and bricks”, to be brought into the pit for processing due to a change in market requirements (specs). This makes financial sense for Mr. Kuegel to request but I do not see granting said request as having any upside for the Town. Personally, I view this as an expansion of his processing business and not part of the original mission of a gravel pit – dig the dirt / reclaim the land / move on – all being done in some reasonable amount of time. If I were able to attend tonight’s meeting, I would not be voting favorably on Mr. Kuegel’s request.
Respectfully submitted,
Michael A. Schwotzer, Vice Chairman
Kensington Planning Board
Cc: Mr. Peter Kuegel