Town of Kensington
Planning Board Minutes
February 17, 2009
Approved March 17, 2009
In Attendance: Chair Joan Whitney, Vice-Chair M. Schwotzer, Bob Solomon, Theresa Wojcukiewicz and Dylan Smith, Rockingham Planning Commission Circuit Rider. Peter Merrill arrived at 7:44 pm.
Approval of January 20, 2009 minutes - M. Schwotzer moved to accept the minutes of January 20, 2009 as presented, seconded by Bob Solomon, with all in favor.
NEW BUSINESS:
Peter Kuegel – Motion to Rehear and Reconsider the Application for Amendment of the Import List – M. Schwotzer read the requests submitted. He explained that he had contacted Town Counsel and Attorney Jones and told them the Board could not meet within the ten days of submission, but Attorney Jones had requested they review and decide at this regularly scheduled meeting. The minutes of November 18, 2008 and January 20, 2009 were reviewed. Board members agreed that recycling materials is not consistent with excavation per statute. The original agreement allowed for importation of materials only to allow Mr. Kuegel to improve the quality of the pit gravel which was substandard. Joan Whitney said she felt a request for recycling and processing the materials requested, hot top, cement/concrete and bricks, represented a change of use to a processing plant and/or an expansion of a non-conforming use.
M. Schwotzer motioned to deny the request for rehearing of Peter Kuegel regarding the expansion of the import list because no new information has been presented to the Board which would alter their decision. This is based upon the premise that the request is an expansion of a non-conforming excavation site through recycling of said materials. The Board sees the original and second denials as enforcing the current agreement versus any attempt to impose new restrictions. The Board also points to the intent of the original agreement under which Mr. Kuegel operates as a regulated excavation. The motion was seconded by Joan Whitney with all voting in favor.
Discussion of Zoning Ordinance and Land Use Regulations – Dylan Smith suggested the Board consider recodifying the ordinances, which would improve readability. Some ordinances need to be moved to different chapters and others need to be combined. The Board agreed. He also suggested looking at the Master Plan and considering an update.
Discussion of Commercial Recreation Use – Joan Whitney said she had talked with another real estate person who had asked if it was permitted, such as a tennis club. She said she felt it was commercial and thinks they should put in permitted uses in the commercial and not permitted uses unless the Board feels they want something like that. Most Board members felt it was already addressed in the zoning through special exception. Joan said she will contact the Conservation Commission for their input.
OTHER BUSINESS:
ILC (Irrevocable Letters of Credit) – M. Schwotzer discussed amending Chapter III, Article 3.5 Performance Bond to change the security to an ILC per Town Counsel suggestions.
Board member renewals – M. Schwotzer moved to send the two current members to the Board of Selectmen for reappointment to three year terms, seconded by Joan Whitney with all in favor.
Peter Merrill reported that alternative energies are being explored and a new RSA 674:62 governing Small Wind Energy Systems will become effective July 11, 2009.
M. Schwotzer moved to adjourn at 9:05 pm seconded by Joan Whitney with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant