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Annual reports of the Town of East Kingston, New Hampshire (Volume 2004) online

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APPROPRIATIONS



ACCT PURPOSE OF APPROPRIATION

GENERAL GOVERNMENT

4130-4139 Executive

Election, Reg & Vital Stat.
Financial Administration
Revaluation of Property
Legal Expense
Personnel Administration
Planning & Zoning
General Gov. Buildings
Cemeteries
Insurance

Advertising & Regional
Other General Gov.



4140-4149

4150-4151

4152

4153

4155-4159

4191-4193

4191

4195

4196

4197

4199



PUBLIC SAFETY

4210-4214 Police

4215-4219

4220-4229

4240-4249

4290-4298



Ambulance

Fire

Building Inspection

Emergency Management
HIGHWAYS & STREETS
''312 Highways & Streets

4316 street Lighting

SANFTATION

«23 Solid Waste Collection

HEALTH

4414 Pest Control

4415-4419 Health Agency (Officer)
WELFARE

4441-4442 Admin. & Direct Assist.
4444 Intergov. Welfare
4445-4449 Vendor Payments & Other
CULTURE & RECREATION
4520-4529 pgrks & Recreatlon
4550-4559 Library
4583 Patriotic Purposes

4589 Historical/Cable

CONSERVATION
4619 other Conservation



PROPOSED
Year 2004

$73,800
23,200
65,200
14,000
30,000
94,500
33,900
93,000
14,000
20,500
1,600
8,000

224,400
28,200

114,200
12,000
12,000

249,000
1,600



ACTUAL
Year 2004

$65,964
24,301
68,225
12,395
29,477
77,340
17,822
66,620
13,987
21,620
1,581
48,673

233,268
27,161

117,422
10,780
11,133

247,523
1,580



PROPOSED
Year 2005

$75,550
22,200
69,100
20,000
30,000
95,00
31,000
82,000
16,200
22,000
1,650
10,000

237,800
28,200

123,500

12,000

9,400

230,000
1,600



131,050 138,116 156,100



1,500


1,490


1,500


5,350


350


350


4,750


3,748


5,625








8,366


3,850


4,922


4,709


4,000


3,990


4,000


60,000


59,923


64,250


500


307


450


300


275


300



600



600



650



Insert 3



2005 Warrant Articles



PROPOSED ACTUAL PROPOSED

ACCT PURPOSE OF APPROPRIATION Year 2004 Year 2004 Year 2005

DEBT SERVICE

4723 Interest on TAN 15,000 16,431 16,500

CAPITAL OUTLAY

4901 Land 160,000 162,295

4903 LCHIPRR Depot 65,000 65,737

4909 Improvements 10.000 8.000



SUBTOTAL $1,340,000 $1,327,024 $1,380,000

SPECIAL WARRANT ARTICLES
Article #



24


Library Bond


$1,240,000


25


Police Bond


997,000


27


Capital Reserve - Library


100,000


28


Capital Reserve - Fire


60,000


30


Capital Reserve - Revaluation


20,000


31


Capital Reserve - Salt Shed


5,000


29


Withdrawal from Capital Reserve


130.000


SUBTOTAL


$2,552,000




INDIVIDUAL WARRANT ARTICLES




HK Article #




^^^ta^


Lease/Purchase Vehicle


$8,000


^^^^


Trust Funds


350


^^^^ SUBTOTAL


$8,350



Insert 4



2005 Warrant Articles



REVENUES



ACCT



SOURCE OF REVENUE



TAXES
3120

3185

3190

3187



Land Use Change Tax

Timber Tax

Interest & Penalties

Excavation Tax
LICENSES, PERMITS & FEES
3210 Business Licenses/Permit

3220 Motor Vehicle Permit Fee

3230 Building Permits

3290 other Licenses, Permits

FEDERAL GOVERNMENT
3311 FEMA GRANT

STATE GOVERNMENT



3351
3352
3353
3356
3359



Shared Revenues
Meals & Rooms Tax
Highway Block Grant
State & Fed. Forest Land
Other (incl. Railroad tax)
CHARGES FOR SERVICES
3401-3406 Income from Depts.
MISCELLANEOUS REVENUES
3502 Interest on Investments

3503-3509 Qther

INTERFUND OP. FUND TRANSFERS IN
3913 From Capital Projects Fund

TOTAL ESTIMATED REVENUE



ESHMATED
REVENUE
Year 2004



6,000



23,000

6,500
8,500



ACTUAL



ESTIMATED



REVENUES REVENUES



Year 2004



Year 2005



$153,000 $687,250 $173,000

565

12,000 27,077 14,000





1,600


1,248


1,100


331,000


383,067


342,100


15,500


18,338


16,000


8,600


11,425


8,600



5,748 13,000



12,000


12,632


12,000


50,000


63,479


50,000


33,750


33,758


36,550


50


47


50


13,500


11,376


10,900



56,047 41,000



22,930



4,500
7,200



$675,000 $1,334,987 $730,000



BUDGET SUMMARY

Subtotal of Appropriations - PROPOSED for 2005
Subtotal of Special Warrant Articles for 2005
Subtotal of Individual Warrant Articles for 2005
Total of All Appropriations for 2005
Less Total of Estimated Revenue for 2005



$1,380,000.

2,552,000

8.350

3.940.350

730,000



ESTIMATED AMOUNT OF TAXES TO BE RAISED $3.210.350



Insert 5



Town of East Kingston, New Hampshire

1. To choose all necessary Town Officers for the year ensuing. (TO BE VOTED ON BY
BALLOT).

2. Are you in favor of the adoption of Amendment No. 1 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows (TO BE VOTED ON BY
BALLOT):

AMEND Zoning Ordinance Article Vn - GENERAL PROVISIONS . Section D.7.e), by
deleting the last portion of the sentence. The verbiage, as corrected, shall read:

e) No land shall be used for a junk yard, dump, motor vehicle and/or machinery junk yard, or for
the storage or deposit of abandoned or discarded materials, unl e ss given approval aG special
exceptions by the Board of Adjustm e nt, after notification of abutters and a public hearing -
Planning Board Comment : The ordinance fails to describe the special exceptions to be considered,
and the State has regulatory provisions for junk yards.

3. Are you in favor of the adoption of Amendment No. 2 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows (TO BE VOTED ON BY
BALLOT):

AMEND Zoning Ordnance ARTICLE Vm - USES PERMITTED by adding a new paragraph to
read:

E. Places of worship are permitted in all zoning districts, but shall conform to all such ordinance
and regulation requirements which address issues of safety, health, nuisances, environmental
impacts, and the placement of structures on properties.

Planning Board Comment : As a land use, houses of worship are not addressed or defined in the
East Kingston ordinance. The Town cannot prohibit the free exercise of religion, although it can be
regulated as any other land use.

4. Are you in favor of the adoption of Amendment No. 3 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows (TO BE VOTED ON BY
BALLOT):

AMEND Zoning Ordinance ARTICLE Xn - ELDERLY HOUSING by deleting the sentence in
Paragraph B. General Standards : 3. which reads:

"The total number of elderly housing developments shall not exceed two per calendar year."

Planning Board Comment : The elderly housing development ordinance is an innovative land use,
and the age discrimination intended by the ordinance is justified by the State of New Hampshire
only if there are no growth control measures applied. The voted provision is invalid, and therefore
unenforceable.



Insert 6



5. Are you in favor of the adoption of Amendment No. 4 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows (TO BE VOTED ON BY
BALLOT):

AMEND ARTICLE X - FLOODPLAIN DEVELOPMENT by changing the first sentence in the
ordinance second paragraph that begins with "The following regulations in this ordinance shall
apply..." to read:

The following regulations in this ordinance shall apply to all lands designated as special flood
hazard areas by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study
for the County of Rockingham, NH , dated May 17, 2005, or as amended, together with the
associated Flood hisurance Rate Map Panels numbered 0383E, 0384E, 0395E, 0403E, 0413E, and
041 5E, dated May 17, 2005, or as amended, which are declared to be apart of this ordinance and
are hereby incorporated by reference.

Planning Board Comment : The change refers to a specific study done by FEMA which is
periodically updated. The provision "as amended" obviates the need to revise the ordinance flirther
in order to remain current.

6. Are you in favor of the adoption of Amendment No. 5 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows: (TO BE VOTED ON BY
BALLOT)

AMEND ARTICLE Vn - GENERAL PROVISIONS by the following:

INSERT anew paragraph after paragraph D. to read:

"E. Pursuant to RSA 674:35, L, the Planning Board is authorized to require preliminary
subdivision

review. The subdivision regulations regarding the requirements of such review are to be

prepared and adopted by the Planning Board. "

(Planning Board Comment : NH HB 761 of 2004 provides for this authority, and a similar provision
may yet be seen in 2005 for site plan review.)

7. Are you in favor of the adoption of Amendment No. 6 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows: (TO BE VOTED ON BY
BALLOT)

AMEND ARTICLE Vn - GENERAL PROVISIONS by the following:

INSERT & new paragraph after paragraph D. to read:

"F. Pursuant to RSA 674:21, II, the Planning Board is authorized to require the employment
of innovative land use controls where the East Kingston Master Plan supports them, and where
standards for the use are adopted. Innovative land use controls the Planning Board is authorized to
effect by ordinance include, but are not limited to:



Insert 7



• Timing incentives

• Phased development

• Transfer of density and development rights

• Cluster development

• Environmental characteristics zoning

• Inclusionary zoning

• Accessory dwelling unit standards

• Impact fees. "

( Planning Board comment- NH HB 761 of 2004 provides for this authority, and these particular
innovative land use controls reflect the presently identified goals of the East Kingston Master Plan
of preserving our rural, residential character, preserving the Town's natural areas, and managing
growth to allow the Town to keep pace with demand on services.)

8. Are you in favor of the adoption of Amendment No. 7 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows: (TO BE VOTED ON BY
BALLOT)

AMEND ARTICLE XI - SINGLE FAMILY CLUSTER RESIDENTIAL DEVELOPMENT by the
following:

DELETE paragraph D. which reads:

' 'D. Manufactured Housins. . Manufactured Housing may. he permitted in a cluster

development in

any residential district provided such housing meets all other requirements of the East

Kingston Zoning Ordinance. "

( Planning Board comment - Manufactured housing is a permitted use in conventional residential lot
settings, but this ARTICLE XI provision contradicts ARTICLE Vffl - USES PERMITTED,
paragraph D., which prohibits developments traditionally known as "manufactured housing parks".)

9. Are you in favor of the adoption of Amendment No. 8 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows: (TO BE VOTED ON BY
BALLOT)

AMEND ARTICLE Xn - ELDERLY HOUSING by the following:

AMEND paragraph B. General Standards: 1 . to read:

" 1 . Elderly housing developments shall be permitted only in the Residential/ Agricultural
zoning district. All elderly housing developments shall contain a minimum oi twenty
(20) acres and shall have at least fifty feet (50') of frontage on a public road."

( Planning Board comment - The increased acreage requirement fi-om the original ten acres shall
provide for better definition of open space, larger parcels of open space for environment protection,
and greater flexibility in the placement of structures in the remaining buildable areas.)



Insert 8



10. Are you in favor of the adoption of Amendment No. 9 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows: (TO BE VOTED ON BY
BALLOT)

AMEND Article XI - SINGLE FAMILY CLUSTER RESDENTIAL DEVELOPMENT by the
following:

AMEND Paragraph G.l to read:

1. No dwelling unit or accessory structure shall be located closer than (50) 15 feet
from poorly drained soils and (75) 30 feet from very poorly drained soils. Septic
system leach field boundaries shall be located no closer than 5 feet fi-om poorly
drained soils and 75 feet fi-om very poorly drained soils. (Amended 3/05)

Planning Board comment : This ordinance presently conflicts with Article VI - WETLANDS
CONSERVATION DISTRICT provisions, and does not address setbacks of septic systems from
wetlands.

11. Are you in favor of the adoption of Amendment No. 10 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows: (TO BE VOTED ON BY
BALLOT)

AMEND Article XI - SINGLE FAMILY CLUSTER RESIDENTIAL DEVELOPMENT by the
following:

AMEND Paragraph E. Minimum Tract Size . 2. to read:

K. Frontage is required on an existing Town approved road or a State highway. For the purpose of
this ordinance, a Town road shall be defined as a road that has been accepted by the local
legislative body at the annual Town Meeting. No housing units or other structures are to be
built on land encompassed by the development within 200 feet of any development entrance as
measured from the originally existing public or private road. The land precluded from any
construction by virtue of this provision may be included, assuming it is otherwise eligible, in the
development calculations for the required common land/open space. Two planning goals are
thereby satisfied, i.e. 1) higher residential density offset by using common land/open space, and
2) privacy enhanced and traffic noise pollution abated in the neighborhood fi-om adjacent
highways. (Amended 3/05)

Planning Board comment : Increasing the frontage setback from 100 to 200 feet is explicitly
attributed to planning goals focused on environmental factors.

12. Are you in favor of the adoption of Amendment No. 11 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as foUows: (TO BE VOTED ON BY
BALLOT)

AMEND Article XI - SINGLE FAMILY CLUSTER RESIDENTIAL DEVELOPMENT by the
following:



Insert 9



AMEND Paragraph K. Landscape Buffer , to read:

L. Landscape Buffer . A cluster development shall have a one hundred foot landscaped buffer
around its entire perimeter to provide an adequate division of transition from abutting land uses
and existing town roads. This landscaped buffer, which shall include the frontage setback from
a development entrance, may consist in whole or in part of existing natural growth. The
Planning Board shall determine whether the t}>pe of landscaping proposed is acceptable in light
of local geographic and topographic features. (Amended 3/05)

Planning Board comment : Preservation of natural vegetative environments, enhanced privacy, and
noise abatement for residents are planning goals.

13. Are you in favor of the adoption of Amendment No. 12 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows: (TO BE VOTED ON BY
BALLOT)

AMEND Article XI -SINGLE FAMILY CLUSTER RESmENTIAL DEVELOPMENT by the
following:

AMEND Paragraph L. Parking , to read:

L. Parking . Provisions for parking shall allow for not less than two (2) spaces per single dwelling
unit, each at least 9 feet wide and 20 feet long exclusive of traffic and manoeuvring space.
Access driveway design and proposed parking locations shall be subject to Board approval.
(Amended 3/05)

Planning Board comment : The ordinance presently requires parking areas be paved, leaving no
discretion for more creative, attractive, and environmentally sound solutions. The Elderly Housing
ordinance defers to the regulations regarding road design and construction for such specifics,
allowing greater leeway for effective planning.

14. Are you in favor of the adoption of Amendment No. 13 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows: (TO BE VOTED ON BY
BALLOT)

AMEND Article XI - SINGLE FAMILY CLUSTER RESIDENTIAL DEVELOPMENT by the
following:

AMEND Paragraph 0. Use of Common Land , to read:

0. Use of Common Land . Such common land shall be restricted to conservation and passive, non-
motorized, recreational use. Setbacks , front , rear, and sides, are considered part of the common
land, and no use is permitted that would disturb the natural vegetation within these areas (see
paragraph H.3. Restrictions , above). These restrictions of the use of the common land (including
the landscaped buffered area), shall be stated in the covenants running with the land. (Amended
3/90, 3/05)



Insert 10



Planning Board comment : A greater awareness today of the need to conserve and protect open
space compliments the very intent of this ordinance. Presently the ordinance allows uses such as tot
lots, parks, swimming pools, tennis courts, playgrounds, playfields and golf courses in the common
land, which subverts the original intent to preserve the natural environment of open space.

15. Are you in favor of the adoption of Amendment No. 14 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows: (TO BE VOTED ON BY
BALLOT)

AMEND Article Xn - ELDERLY HOUSING by the following:

AMEND Paragraph B. General Standards . 1 5. to read:

15. The perimeter of all such elderly housing developments shall be treated with a

landscaped buffer zone of a minimum of one hundred feet (100 ') which may consist in
whole or in part of existing natural growth. The Planning Board shall determine
whether the type of landscaping proposed is acceptable in light of local geographic and
topographic features. (Amended 3/05)

Planning Board comment : The increased minimum acreage for an elderly housing development
provides the opportunity to enhance the planning goals of preserving environmental integrity,
privacy, and noise abatement.

16. Are you in favor of the adoption of Amendment No. 15 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows: (TO BE VOTED ON BY
BALLOT)

AMEND Article XE - ELDERLY HOUSING by the following:

AMEND Paragraph C. Common Land/Open Space . Subparagraph entitled "Use of Common Land"
to read:

Use of Common Land. Such common land shall be restricted to conservation and passive, non-
motorized, recreational use. Setbacks , front , rear, and sides, are considered part of the common
land, and no use is permitted that would disturb the natural vegetation within these areas. These
restrictions of the use of the common land (including the landscaped buffered area), shall be stated
in the covenants running with the land. (Amended 3/05)

Planning Board comnient : A greater awareness today of the need to conserve and protect open
space compliments the very intent of this ordinance. Presently the ordinance allows uses such as
parks, swimming pools, tennis courts, and golf courses in the common land which subverts the
original intent to preserve the natural environment of open space.

17. Are you in favor of the adoption of Amendment No. 16 as proposed by the Planning Board
for the Town of East Kingston Zoning Ordinance as follows: (TO BE VOTED ON BY
BALLOT)

AMEND Article Vffl - USES PERMITTED by the following:

Insert 11



AMEND by ADDING a new para^ap

F. Accessory Dwelling Units . (Adopted 3/05) Colloquially described as "mother-in-law
apartments", accessory dwelling units can help maintain the integrity of family groups, and
provide relief from pressures for affordable housing. Such a second dwelling unit, attached to,
and integral with, a dwelUng structure, is distinguished from duplex dweUings in East Kingston
by provisions which include ownership, occupancy, construction, living area configuration, and
lot acreage requirements.

Accessory dwelling units shall be permitted in East Kingston by SPECIAL EXCEPTION
which, if granted, shall be recorded in the Rockingham County Registry of Deeds. An
accessory dwelling unit is permitted on any approved building lot, other than lots which are a
part of elderiy housing unit developments or single family cluster residential developments,
provided the East Kingston Zoning Board of Adjustment (hereinafter 'ZBA") is satisfied the
following conditions are met:

1 . Ovroership . The owner of the property shall occupy one of the units as a primary resident,
and be owner/landlord of the secondary, accessory dwelling unit (special exception
condition). These ovmership and residency provisions shall not change in the event the
property is sold. Without limiting any other restriction herein, any kind of condominium
ownership arrangement for the accessory dwelling unit and/or the principal residence is
prohibited.

2. Living Area Configuration . Total living area floor space for an accessory dwelling unit shall
not exceed 500 square feet, and shall consist of not more than one (1) bedroom, one (I)
kitchen/living area, and one (1) bathroom/water closet. The accessory dwelling unit shall be
clearly secondary to the principal residence, (special exception condition).

3. Construction . Only one accessory dwelling unit is permitted per residential lot, and it must
be built within or attached to the principal dwelling to preserve the appearance of a single-
family dwelling. An outside entry way to the accessory dwelling unit shall not be placed on
the front/sfreet-side of the principal residence, and interior passage through the dwellings'
common wall(s) shall provide for safe egress, (special exception condition).

4. Manufacttired Housing . The addition of an accessory dwelling unit to a manufactured
housing dwelling is prohibited. The use of a manufactured housing dwelling as an accessory
dwelling unit attached to a conventional principal residence is prohibited.

5. Occupancy . All occupants ofan accessory dwelling unit shall be members of one family,
and in no case shall more than one family reside in it. The owner shall provide
documentation for the Board of Selectmen to establish that all tenants, and any change of
tenants, conform to this requirement. Dormitory-style facilities are expressly prohibited,
whether seasonal or otherwise.



Insert 12



6. Parking . Off-street parking shall be available for a minimum of two automobiles for the
principal residence and two automobiles for its accessory dwelling unit. Room for vehicle
ingress, egress, and turn-around on site shall be provided. A new curb cut for the accessory
dwelling unit is prohibited, (special exception condition).

7. Septic facilities and water . An accessory dwelhng unit shall conform to all applicable
structural, water and sanitary standards for residential structures. Prior to a dwelling
renovation or accessory dwelling unit construction, the owner shall provide evidence to the
East Kingston Building Inspector that septic facilities are adequate for two families, and
satisfy Town and State standards. If deemed necessary by the Town officials, such evidence
shall be in the form of certification by a State of New Hampshire licensed septic system
designer. The owner shall also provide evidence that there is adequate potable water
according to State standards.

8. Certificate of Occupancy . When renovation or construction is complete, or an accessory
dwelling unit is ready for occupation, the owner shall request a Certificate of Occupancy
firom the Building Inspector. Occupancy of the accessory dwelling unit (or the primary
residence if the entire dwelling is new construction) is prohibited until a Certificate of
Occupancy is obtained.

9. Pre-existing conditions . Any pre-existing accessory dwelling unit in a non-complying
residence (i.e. in existence before March 8, 2005) must be shown to conform to the
requirements of this ordinance within six months of its passage, and the owner obtain a
Certificate of Occupancy, (special exception condition).

Planning Board comment :

1- RSA 674:33 describes the Zoning Board of Adjustment authority to grant special exceptions to
applicants where certain conditions are satisfied. Given that an accessory dwelling unit
contradicts the requirements of Article IX - LOT AREA AND YARD REQUIREMENTS
paragraphs D. and G., this amendment describes the conditions which must be met for the ZBA
to grant a special exception.

2- Elderly housing and cluster developments are exempted fi^om this proposed amendment as a
consquence of the Board's concerns regarding population densities, impact on locaUzed
environments, water and septic system limitations.

3- The prohibitions regarding manufactured housing takes into account the Article U -
DEFINrnONS description of such a dwelling. A manufactured housing unit could be as small
as 320 square feet, and an ADU of 500 square feet would render the principal residence to be
secondary. Such an arrangement would conflict with Article IX - LOT AREA AND YARD
REQUIREMENTS Paragraph E.

4- The ADU occupancy requirement stating tenants be of one family does not narrowly define who


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