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Planning board to send ZBA letter saying proposed residential use in C‑2 zone is prohibited
Summary
At its March 4 meeting the Kingston Planning Board instructed staff to prepare a letter to the Zoning Board of Adjustment saying a developer’s proposed residential use is not permitted in the town’s C‑2 commercial zone and therefore does not comply with the zoning ordinance; the motion passed with one abstention.
KINGSTON, N.H. — The Kingston Planning Board voted March 4 to direct staff to tell the Zoning Board of Adjustment that a developer’s proposed residential component is not allowed in the town’s commercial zone, saying the application does not comply with the zoning ordinance.
The action followed a request from the applicant’s attorney and a briefing from counsel that the application to the ZBA could not be accepted until the planning board or building inspector issued a denial. The planning board instructed staff to prepare a letter stating the board found the proposed residential use inconsistent with the town zoning ordinance (Article 109, Commercial Zone C‑2, §109‑6(a)).
The matter arose under “board business” after a letter from Barry Geyer of Jones & Beach was placed on the agenda. Counsel told the board that the project as proposed would be mixed-use — with commercial uses allowed in the zone but with residential uses that are “absolutely prohibited in the zone.” The counsel said a written denial from the planning board would allow the applicant to complete a variance/appeal filing with the ZBA.
The board moved and seconded a motion to authorize the letter; the motion passed with all voting members recorded as in favor and one abstention. One member said they would recuse and abstain to avoid any appearance of a conflict; the transcript records that abstention but does not record the motion mover by full name. The board asked that the denial letter cite the specific section of the ordinance that bars residential use in the C‑2 zone.
Why it matters: A planning-board denial puts the zoning determination into the ZBA process, which is the proper forum for requests for variances or special exceptions. Whether the ZBA will grant any relief will depend on that board’s hearing and findings.
What’s next: The planning board directed staff to draft and send the denial letter to the ZBA; the applicant’s variance file will proceed before the ZBA once that denial is on the record.
Sources and attribution: Remarks summarized and quoted are drawn from the Kingston Planning Board meeting transcript, March 4, 2025. Specific ordinance citation mentioned at the meeting: Article 109, Commercial Zone C‑2, §109‑6(a).
