Town of Kensington
Minutes for Zoning Board of Adjustment
January 8, 2002 Meeting
Amended and approved February 5, 2002
Roll
call: Acting Chairperson Joan Skewes, Paul Kimball, Eric Peterson and John
Ronan
The Meeting was called to order at 7:30 pm.
Public Hearing held to consider the application of Somerset Realty Trust, 480 Chadwick Road, Bradford, MA requesting a Special Exception from Article 7.5 D of the Wetland Conservation District setback requirements of 50’ for roadway construction within the wetland setback area as allowed under Article 7.6.A.1 of the Zoning Ordinance and Land Use Regulations. Christian Smith of Millette, Sprague & Colwell, project engineer; Vincent Rizzo, developer/owner; Attorney Sumner Kalman and Tim Ferwerda, wetland and soil scientist, met with the Board. Mr. Smith provided a detailed history of the project regarding the request for a Special Exception as determined by the Planning Board. Attorney Peter Loughlin had been consulted, who subsequently determined that a Special Exception was needed. Mr. Smith asked if there is an historical precedence regarding disturbance within the 50’ buffer zone requiring Special Exception. Joan Skewes replied that for proposed road construction within 50’ in other subdivisions, the road configuration was moved. She was not sure which subdivisions, but possibly Trimble Trail and Whipple Way.
Attorney Kalman explained the Planning Board’s decision and read portions of Articles 7.2, 7.3, 7.5, and 7.6, reiterating that the ordinance references a building, thus a special exception did not appear to be required. Eric Peter said it had been noted and Joan Skewes acknowledged that the ordinance is confusing.
Christian Smith reviewed the current plan with the Board members, highlighting the reasons the Special Exception should be granted and stating that the impact to wetlands is zero. All runoffs are being routed through collection systems, detention ponds and treatment systems. Tim Ferwerda explained that the wetland area near the road is forest wetland, consisting primarily of Hemlock and Red Maple trees. Eric Peterson asked if the road could be moved to comply with the 50’ setback, but Mr. Smith detailed the numerous difficulties that would be encountered with trying to relocate the road and comply with the Planning Board’s requirements.
Joan Skewes asked about the berm. Mr. Smith explained that there are two feet from the bottom of the swale to the top of the berm and rounding of about five feet wide, with an elevation of two to four feet. The drainage design for the road is based on a 100 year storm frequency. Joan Skewes expressed concerns that the lot owner(s) at a later date would come to the Town requesting a variance to build within the 50’. It was agreed to add a condition for no further waivers to setback regulations. Mr. Smith stated the Zoning Board of Adjustment decision would be added to the mylar.
Eric Peterson moved to approve the application of Somerset Realty Trust for a Special Exception to Article 7.5D, streets within 50’ of hydric B soils, in accordance with Article 7.6A, seconded by Paul Kimball with all in favor. The following condition was stipulated: No further relief, waiver, variance, special exception for wetland setback for individual lot development within proposed subdivision shall be granted.
Approval of December 4,
2001 minutes – Paul Kimball moved to accept the minutes as
presented, seconded by John Ronan with all in favor.
Paul
Kimball moved to adjourn at 8:45 pm, seconded by Eric Peterson with all in
favor.
Denise
Gregson
Administrative
Assistant