Kingston zoning board finds proposed mixed-use project has regional impact because of aquifer and traffic

The Kingston Zoning Board voted Thursday that a proposed mixed-use development on Route 125/Marshall Road constitutes a project of regional impact because the site sits in an aquifer protection zone that extends into neighboring Brentwood and East Kingston and because of likely effects on traffic at the Route 125/107 intersection.

The finding requires the town to notify affected municipalities and the regional planning commission and continued the applicant’s public hearing to April 10 at 7 p.m. at Kingston Town Hall, the board said.

The board’s land use administrator, Robin (last name not provided), opened the discussion by explaining state requirements for regional-impact determinations and reading the worksheet that guides the board’s review. “All land use boards are required to make a determination of regional impact for all projects that come before it,” Robin said. The board reviewed six statutory criteria and agreed that two—proximity to an aquifer that transcends municipal boundaries and transportation impacts—were controlling in this case.

Board members described the project as a mixed-use proposal with 64 dwelling units and three commercial buildings on a parcel of about 41.4 acres. Robin reported that, based on the density described, the project would require about 201 acres to meet the town’s aquifer-protection buildability calculations, noting the current parcel therefore appears to require a variance for the aquifer-protection rules. The transcript shows the 64-unit figure and the 41.4-acre lot were taken from the application materials submitted to the board.

Members also discussed traffic: the development would access from Route 125 near the northern portion of Route 107 at Marshall Road, a junction of state roads. The board noted that a nearby large warehouse project had already required a signal and that this development could necessitate additional turn lanes and an extra light cycle; the New Hampshire Department of Transportation, Robin said, would make final determinations after a traffic study.

Several board members said the aquifer-protection mapping was decisive. “Of all of the criteria, I believe that one is the most significant,” one member said during the discussion. The board took a motion, moved by Robin, “that the project has regional impact primarily because of the underlying aspect first trans being transmitted across the town lines of East Kingston and Brentwood and possibly the effect on transportation on Brentwood.” The motion was seconded, put to a voice vote and approved.

After the vote the board directed staff to notify Brentwood and East Kingston as required; the board also agreed to send a courtesy notification to Fremont. Robin noted the town must provide certified-mail notice at least 14 days before the public hearing to affected municipalities and to the regional planning commission and confirmed the April 10 date provides the required lead time.

Board members and staff also advised the applicant to consult the planning office and consider submitting accompanying variance requests before returning. Robin and other members warned the applicant’s current plans intersect multiple constraints—wetlands, aquifer protection Zone B and planning-board requirements for high-density or cluster housing—that may require additional studies such as a hydrogeologic survey and revised septic/buildable-area calculations.

The board did not open the public hearing at the meeting and will resume the hearing on April 10; mailed public comments received before then will be held for that session, the board said.

The board’s determination of regional impact is procedural: it begins inter-municipal notification and triggers additional technical review by the town and state agencies. Whether the project ultimately receives local approvals, variances, or changes to its design will depend on the outcomes of those studies and any subsequent hearings.

Ending: The zoning board scheduled the continued hearing for April 10 at 7 p.m. at Town Hall and instructed staff to notify Brentwood, East Kingston and the regional planning commission; the board also agreed to send a courtesy notice to Fremont.