Town of Kensington
Planning Board Minutes
January 20, 2009
Approved February 17, 2009
In Attendance: Chair Joan Whitney, Vice-Chair M. Schwotzer, Peter Merrill, Steve Wilson, David Buxton for Theresa Wojcukiewicz, Selectmen’s Rep Rich Powers, and Dylan Smith, Rockingham Planning Commission Circuit Rider.
Since there were no driveway permits presented, Joan Whitney opened the public hearing.
PUBLIC HEARINGS
Scenic Roads – Unitil – permission to trim trees on North Road, Ch II, Article 5.1a
Patrick Aquilina presented the application. David Buxton clarified that the portion of North Road that has the yellow line is state, the remainder is town. Mr. Aquilina explained that the residents will be notified and they will pick up all the debris having contracted with Aspen. Resident Richard Welsh questioned the need for holding a public hearing and Joan Whitney replied that it was required by law. M. Schwotzer moved to approve the request of Unitil to trim trees on North Road, seconded by David Buxton with all in favor.
Rehearing of Planning Board Decision and Vote of Peter Kuegel’s request to amend import list to include hot top, cement and bricks. Attorney Daniel Jones and Peter Kuegel attended and Joan Whitney thanked them for granting permission to the Board for an extension of time. Attorney Jones addressed the violation and stated that per Christian Smith, the town’s engineer, confirmation was received that the unapproved material has been removed. Rich Powers commented that Mr. Kuegel had done it quickly and with difficulty. M. Schwotzer countered that the material had been found in Jan. 08, and Peter Merrill commented that is it not the Board’s responsibility to ask that it be removed. M. Schwotzer pointed out that under the legal agreement, Article 1.1, written approval is required and it is Mr. Kuegel’s responsibility to adhere to the agreement. Joan Whitney moved that the Board is in agreement based on Christian Smith’s report that all unapproved material has been removed, seconded by M. Schwotzer with all in favor. Mr. Kuegel was asked about paying the bill for Mr. Smith’s confirmation services and report and they replied that they will consider the bill. David Buxton suggested they consider the term cement/concrete, as these are for all intents the same product.
Attorney Jones presented and distributed numerous articles clarifying the issue of toxic waste. He stated that hot top is not toxic waste and referred to the articles; Solid Waste Permit Exemptions, Env.-SW 302.03, Environmental Considerations – UNH guidelines, Asphalt Facts – National Asphalt Pavement Association, Inclusion of Asphalt Based Pavements in allowed fill per the County of Albermarle, and USDOT Asphalt Pavement Recycling with Reclaimed Asphalt Pavement. He emphasized that they are not talking about toxic waste. Members of the Board commented that there have been numerous violations; this one was recent. Attorney Jones continued that at the time of the original agreement people were concerned with these products being buried, but this is not the case now as they want to recycle these products. He assured the Board that there would be no increase in truck traffic as these materials would be mixed with the gravel as Mr. Kuegel has been doing with other products, they would be a good neighbor for the town, there would be no increase in impact and local contractors would have a place to drop these products off and have them recycled. He added that there have been complaints of speeding but he reviewed the driveway and estimated it’s approximately 100 feet with right angles at either end. Peter Merrill asked what other places within 20 miles accept these materials for recycling. David Buxton thought of two, but thought they might be processing plants. Peter Merrill summed up that there is one pit and two processing plants.
Mr. Kuegel estimated that there are 430,000 yds left in his pit. M. Schwotzer pointed out that the life was to have been 15 years and the original intent was to sweeten the existing gravel, but now only 10% per year is being excavated with 90% imported material. He calculated that this added another 43 years to the pit’s operation. Peter Kuegel explained that state specs are now required and he has to use more imported material to meet them. He referred to the pit as being grandfathered, but M. Schwotzer countered with it being a court resolution not a grandfathered pit. Joan Whitney said she felt it represented a change of use. Steve Wilson stated that it is no longer a gravel pit as a small percentage was allowed to sweeten the virgin gravel but it now has become a processing plant, bringing in 40,000 yds and mixing with 5,000 yds of virgin material. He agreed with Joan that it represents a change of use and an expansion of use. Bob Solomon said he agreed that it was an expansion of use. Attorney Jones countered that Mr. Kuegel has always been allowed to bring in material and crush stone twice a year. Peter Kuegel added that there would be no increase in space; it would stay the same.
Resident, Mike Donovan of 44 Osgood Road said he was in opposition to the request and stated there has been a history of violations and it has required an outcry from the residents to maintain compliance. Resident, William Buxton, spoke in favor of the request stating it is a perfect spot to recycle these products and said he felt the town should have a place for these materials to be recycled. Another resident said that the agreement was to have the native material be mined and the life as agreed upon should be adhered to. Resident Susan Garneau, 18 Osgood Road, expressed concerns about petroleum and lead. She spoke of seeing a huge black stain and explained that large plants that process these materials have liners and monitoring wells. David Buxton suggested that if approval was granted, these could be required conditions.
Following discussion, M. Schwotzer moved to deny the application of Peter Kuegel to import additional materials, specifically concrete/cement, asphalt and bricks since no evidence was submitted that they would assist in the processing of native materials, seconded by Joan Whitney. Steve Wilson said he thought this was referring to it as a legal operation but in reading the original agreement the intent was to sweeten virgin gravel; instead it has become a processing plant and it not the Planning Board’s job to constantly reiterate the terms of the agreement. M. Schwotzer withdrew his motion and Joan Whitney withdrew her second. M. Schwotzer then moved to deny the application to amend the import list as requested since no evidence was presented that this will increase the consumption of native material, seconded by Steve Wilson with all voting in favor, except David Buxton who was opposed. Mr. Buxton explained that he is opposed because he is in favor of having these materials recycled.
Work Force Housing - per SB 342 amend Open Space Subdivision placement to Ch II, Art. 8.6 and include a density provision with Multi-Family ordinance added as Ch II, Art. 8.4G – M. Schwotzer moved that Work Force Housing as presented go forward as a warrant article, seconded by Rich Powers with all in favor.
Sign Ordinance – Proposed changes – M. Schwotzer explained that the only change was as adjustment to real estate signs and moved to recommend this Sign Ordinance go forward as a warrant article, seconded by Joan Whitney with all in favor.
Driveways – Proposed regulation changes – Joan Whitney moved that Driveways be forwarded as a warrant article, seconded by M. Schwotzer with all in favor.
Joan Whitney closed the public hearing at 8:55 pm.
NEW BUSINESS:
Richard Parker – Consultation on Map 12, Lot 50 for potential lot line change – William Buxton attended as well. Mr. Parker explained that at the time of subdivision the line was incorrectly established and their goal was to do a lot line adjustment to correct it. Following review of the preliminary plans presented several suggestions were made. Joan Whitney said she felt they needed a more complete plan showing wells and septic and Dylan Smith recommended they seek an equitable waiver. Mr. Parker discussed the possibility of doing an easement. Mr. Buxton and Mr. Parker will review the suggestions and options discussed.
OTHER BUSINESS:
Dylan Smith recommended the Board begin a review of the current regulations. He has looked them over and would like to share some suggestions with the Board at their next meeting.
Joan Whitney suggested they look at commercial recreation use.
M. Schwotzer moved to adjourn at 10:00 pm seconded by Joan Whitney with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant