Town of Kensington
Planning Board Minutes
October 20, 2009
Approved December 15, 2009
In Attendance: Chair Mike Schwotzer, Joan Whitney, Bob Solomon, Steve Wilson, Peter Merrill and Dylan Smith, Rockingham Planning Commission Circuit Rider. Meeting called to order at 7:31 pm. Theresa Wojcukiewicz joined the Board at 7:40 pm.
Boundary Line Adjustment application for Peter Kuegel dba Peter Kuegel Trucking, LLC. Parcels are located off Osgood Road, M11, L7 and June Armstrong, 23 North Road, M12, L2, in accordance with Chapter III, Article 3.1H. The plan intent is to convey “Parcel A”, a 67 foot wide rectangular section extending to North Road, from Armstrong to Kuegel. Mr. Kuegel presented the plan and his application. He stated the stone wall could be moved someday, but currently he is not planning to use this strip of land, an existing by-way, at this time. Joan Whitney asked if there were existing structures on the Armstrong property. Mr. Kuegel replied that they were, well over 100 yards setback and on the opposite side of the lot. She requested that they be added to the plan as well as septic and well radii. Chairman Schwotzer opened discussion to the public.
Janet Bunnell of 24 Osgood Road asked about the affect on the residents. M. Schwotzer replied that the plan meets the regulations and should not have much of an affect to Osgood Road residents. Attorney Seth Bostock, speaking on behalf of the MacQuarries of North Road questioned the configuration of the lot and referenced section 4.7.1. M. Schwotzer read from Dylan Smith’s review report, “It is my opinion that if this were the creation of a new lot that Chapter 3 Article 4.7.1 “Lot Shape Regulation” would apply. However, because it is not the creation of a new lot but is in fact a lot line adjustment of which, if approved, will allow fee simple access to Mr. Kuegels land from North Road. I do not think it appropriate for the board to apply the standards listed therein, yet I do think clarification and proper monumentation should be provided in order to provide clarity of ownership.”
Richard Welsh of North Road stated that the by-way was only opened in the last few years. In response to Michael MacQuarrie’s questioning of creating a non-conforming lot, Dylan Smith explained that it would now be more conforming since it would have frontage. M. Schwotzer added that it was the Board’s first configuration coming out of a land locked piece of land. Attorney Bostock stated that it was a wet area. Residents expressed concerns regarding the future development of the gravel pit, but the Chairman explained that if that happens, the application would need to come before the Board. In response to questions regarding further notifications, Steve Wilson explained that if there is a driveway application, they will not be notified. Since the frontage is on the state portion of the road, the state would deal with driveway approval. Board members and Mr. Kuegel agreed that this strip would not be used as access to the gravel pit and he agreed to this as a condition of approval.
A request for a waiver from monumentation was reviewed and M. Schwotzer read from the town’s engineer’s, Christian Smith, report, “I understand there is a waiver request from monumentation requirements. Due to the facts that LLA is not a simple offset from the existing boundary and there are only two-iron pins and two-drill holes required to monument the new relocated lot line, I recommend the Board require monumentation to be installed and a certificate of monumentation (stamped and signed by the Licensed Land Surveyor) be provided to the Town prior to recording the Mylar in the Rockingham County registry of Deeds.” M. Schwotzer suggested they require monumentation at four points. There was no motion or vote to accept the monumentation waiver.
The following conditions were agreed to as part of the conditional approval:
1) The additional land being added to Map 11, Lot 7, shown as Parcel A, is not to be used as access to the existing excavation / commercial enterprise until after said excavation is closed and reclaimed. This condition to be so noted on the recorded plan.
2) This Lot Line Adjustment in no way grants any new rights or extends any existing permissions of the excavation / commercial enterprise located on Map 11, Lot 7.
3) Monumentation to be installed along the new lot line: specifically at the two new end points and at the two points of inflection. These will be noted on the plan, and a certificate of monumentation (stamped and signed by the Licensed Land Surveyor) will be provided prior to the recording of the Mylar. This to be completed by June 30, 2010.
4) The plan is to be updated with the approximate location of the existing structures, septic system and well located on the Armstrong property, Map 12 Lot 2.
Steve Wilson moved to grant conditional approval of the Lot Line Adjustment with the four conditions as noted, and authorize the Chairman to sign the final plan and mylar on behalf of the Board, seconded by Peter Merrill with all in favor.
NEW BUSINESS:
Potential Planning Board member – Kate Mignone explained that she has lived in Kensington for the past year, but her grandparents had lived here so she is very familiar with the town. She is a registered professional engineer and has worked in that capacity with other towns/cities and on numerous projects. She feels her expertise would be of assistance to the Board. Steve Wilson moved to recommend Kate Mignone to the Board of Selectmen for an alternate appointment of three years, seconded by Peter Merrill with all in favor.
Stratified Drift Aquifers – Review map provided by Rockingham Planning Commission – all agreed not to pursue this at this time.
OLD BUSINESS:
Felch Gravel Pit – The Board requested the Felches, Chris Batchelder and David Buxton be asked to attend the next Planning Board meeting.
Any other business properly brought before the board –
To be in compliance with the law, members agreed to work on rewording the density bonus warrant article not passed at last year’s town meeting.
A request for a bond reduction was received from Chris Albert relative to Hudson Heights. Town engineer, Christian Smith, had reviewed and recommended the town hold $6300 for monumentation and $1000 for the cistern in addition to the 15%. Following discussion, Steve Wilson moved to request the developer finish the work prior to any further bond reductions, seconded by Theresa Wojcukiewicz with all in favor.
Steve Wilson moved to adjourn at 9:40 pm seconded by Peter Merrill with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant