Town of Kensington

Planning Board Minutes

September 15, 2009

Approved October 20, 2009

In Attendance:  Chair Mike Schwotzer, Joan Whitney, Bob Solomon, Steve Wilson and Dylan Smith, Rockingham Planning Commission Circuit Rider.  Meeting called to order at 7:40 pm.  Peter Merrill joined the Board at 7:54 pm.  Bob Solomon left at 8:35 pm.

Approval of August 18, 2009 minutes – M. Schwotzer requested the following statement be added under Felch, “Upon questions from the chair, David Buxton confirmed no material has been removed off site.”  Joan Whitney moved to approve the modified minutes, seconded by Bob Solomon with all in favor.

OLD BUSINESS:

Felch Gravel Pit – Ongoing status report – no update this meeting.

Conditions – Time limits – M. Schwotzer referenced RSA 674:39, which allows for a four year exemption from all subsequent changes in subdivision and site plan review regulations, impact fee ordinances and zoning ordinances adopted by the town.  If the Board creates an ordinance, however, then the development would be subject to it.  This would entail defining what active and substantial development would be as well as the completion expectation.  An example given was to require a road to be paved within one year.  Dylan Smith commented that the majority of it is designed to work with roads and utilities.  Steve Wilson commented that they might want to have 1 year to start and 1 year to finish with all exposures done within twelve months.  Joan Whitney suggested that status updates be added to the agendas on a regular basis to monitor compliance more effectively.  With regard to the phasing of a development, Dylan Smith explained that RSA 674:21 addresses that under innovating planning.  He will bring samples for the next meeting.

Merger Ordinance – The proposal, provided by Dylan Smith, was reviewed and discussed.  RSA 674:39 contains provisions regarding mergers.  This proposed ordinance was to address those not protected.  Following discussion it was agreed not to continue with this at this time.

Open Space Ordinance – bonuses, conservation – not discussed.

Master Plan – Discussion of vision chapter – not discussed.

Joan Whitney presented information regarding an NHHFA (New Hampshire Housing Finance Authority) annual statewide housing conference to be held Nov. 3rd.  She commented that the Board needs to redo a workforce housing ordinance to be in compliance with the law which requires the opportunity be provided.  In towns where it is not provided, developers have the right to seek relief through the court system.  While some members expressed opposition to this law most agreed they need to provide an ordinance of compliance which will be passed by the town’s voters.

Any other business properly brought before the board – An agreement with a developer was reviewed and it was agreed that per the terms he is not in compliance.  Steve Wilson moved to have M. Schwotzer send a letter to the Board of Selectmen on behalf of the Board regarding Hudson Heights’ agreement compliance, seconded by Peter Merrill with all in favor.

Steve Wilson moved to adjourn at 9:20 pm seconded by Peter Merrill with all in favor.

Respectfully submitted,

Denise Gregson

Administrative Assistant