STATE OF NEW HAMPSHIRE

MARCH 11, 2008

ARTICLE 1: To elect the following Town Officers: One Selectman for a term of three years; One Treasurer for a term of two years; One Fire Ward for a term of three years; One Fire Ward for a term of One Year; One Moderator for a term of two years; One Supervisor of the Checklist for a term of six years; Two Trustees of the Trust Funds for a term of three years; Three Library Trustees for a term of three years; One Constable for a term of one year; Two Planning Board Members for a term of three years; Four Municipal Budget Committee Members for a term of three years; One Municipal Budget Committee Member for a term of one year; Two Zoning Board of Adjustment Members for a term of three years.

MODERATOR FOR 2 YEARS

Electra L. Alessio ..................................................................................................... 936*

SELECTMEN FOR 3 YEARS

Mark Heitz ....................................................................................................... 869*

TREASURER FOR 2 YEARS

Jayne E. Ramey ..................................................................................................... 902*

SUPERVISOR OF THE CHECKLIST FOR 6 YEARS

Dale G. Winslow ..................................................................................................... 909*

TRUSTEE OF TRUST FUND FOR 3 YEARS

Anthony L. Whitcomb ............................................................................................. 772*

Joyce Davies ........................................................................................................ 795*

LIBRARY TRUSTEE FOR 3 YEARS

Daniel J. Sullivan ..................................................................................................... 794*

Anthony L. Whitcomb ............................................................................................ 737*

Dannielle Genovese ................................................................................................. 818*

FIRE WARD FOR 3 YEARS

Kevin Schea ............................................................................................................. 861*

FIRE WARD FOR 1 YEAR

William A. Timmons, jr. ............................................................................................... 904*

CONSTABLE FOR 3 YEARS

William G. Harvey, sr. .............................................................................................. 890*

PLANNING BOARD FOR 3 YEARS

Glenn Coppelman .............................................................................................. 770*
Norman R. Hurley .............................................................................................. 802*

BUDGET COMMITTEE FOR 3 YEARS

Debra F. Powers ..................................................................................................... 833*
Ellen Falconer ...................................................................................................... 12*

Lynn Gainty ............................................................................................................ 12*

BUDGET COMMITTEE FOR 1 YEAR

No Candidates

ZONING BOARD OF ADJUSTMENT FOR 3 YEARS

Robert L. Morse ....................................................................................................... 530
Electra L. Alessio ....................................................................................................... 590*

Kevin W. Burke ............................................................................................................ 543*

ARTICLE 2: Are you in favor of the adoption of amendment number 2 to the existing town zoning ordinance as proposed by the Kingston Planning Board as follows:

SUPPLEMENTARY LOT REGULATIONS

5.10.2 Every structure shall be set back from front property line a minimum of twenty (20) feet. No structure shall be located within twenty (20) feet of property lines (side and rear). For purposes of this section, fences and septic systems are not considered structures. Septic systems shall conform to the subsurface disposal system rules and regulations of the Kingston Board of Health.

Topical Note: This amendment is proposed as part of a reorganization of the zoning book. All septic related sections of the Town’s zoning ordinance have been re-codified under the Town’s health regulation powers in order to decrease conflicting sections and allow more consistent application. These requirements will still be local requirements but will be found in a separate section of the Town’s ordinances and regulations.

Yes – 738 No -333 Passed

ARTICLE 3: Are you in favor of the adoption of amendment number 3 to the existing town zoning ordinance as proposed by the Kingston Planning Board as follows:

BUILDING LOCATION AND CONSTRUCTION

6.10.7 Septic systems shall conform to the subsurface disposal system rules and regulations of the Kingston Board of Health.

Yes – 767 No – 311 Passed

ARTICLE 4: Are you in favor of the adoption of amendment number 4 to the existing town zoning ordinance as proposed by the Kingston Planning Board as follows:

AQUIFER PROTECTION ORDINANCE

19.40.4 Septic System Design Installation

All septic systems shall conform to the subsurface disposal system rules and regulations of the Kingston Board of Health.

Topical Note: This amendment is proposed as part of a reorganization of the zoning book. All septic related sections of the Town’s zoning ordinance have been re-codified under the Town’s health regulation powers in order to decrease conflicting sections and allow more consistent application. These requirements will still be local requirements but will be found in a separate section f the Town’s ordinances and regulations.

Yes – 757 No – 317 Passed

ARTICLE 5: Are you in favor of the adoption of amendment number 5 to the existing town zoning ordinance as proposed by the Kingston Planning Board as follows?

SHORELAND PROTECTION ORDINANCE

20.40.3 Building Setbacks: All septic systems shall conform to the subsurface disposal system rules and regulations of the Kingston Board of Health.

Yes – 778 No – 295 Passed

ARTICLE 6: Are you in favor of the adoption of amendment number 6 to the existing town zoning ordinance as proposed by the Kingston Planning Board as follows?

INNOVATIVE ZONING

23.20.4.1 Water and Septic Systems: A cluster development or portions thereof may be served by common water and septic systems. No proposal involving community disposal systems shall be approved by the Planning Board until legal responsibility for ownership and maintenance is established and found to be satisfactory by the Board. The design, sitting and construction of both common and on-lot septic systems shall conform to the subsurface disposal system rules and regulations of the Kingston Board of Health.

Yes – 706 No -298 Passed

ARTICLE 7: Are you in favor of the adoption of amendment number 7 to the existing town zoning ordinance as proposed by the Kingston Planning Board as follows?

TOWN OF KINGSTON - SIGN ORDINANCE

(Adopted XX-XX-2008)

7.30.1. PURPOSES - The intent of this ordinance, is to regulate the erection of signs, for the purposes of providing information and advertising in an orderly, effective, and safe manner. Restrictions on type, location, and size of signs protect the public from hazardous and distracting displays and to create an attractive environment for the citizens and visitors alike which is conducive to business, industry, and tourism.

Signs associated with non-residential uses or properties are to be regulated by the Planning Board as part of their authority under RSA 674:44 to insure the compatibility of the entire site in terms of health, safety, and aesthetics for the entire community and surrounding land uses.

7.30.2. DEFINITIONS:

A. Sign: A sign is a name, identification, description, display or illustration or any other visual display which is affixed to, painted, or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a sign shall not include any display of official court or public office notices nor any official traffic control device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality or school.

B. Area: The area of one (1) side of a NOT MORE THAN TWO (2) SIDED SIGN.

C. Free-Standing: Unattached to any building. Sandwich boards and similar installations shall be considered free standing signs for purpose of regulation in this ordinance.

D. Permanent Sign: Any sign, unless specifically prohibited, meeting the provisions of this ordinance and intended to be displayed for a period longer than thirty (30) days.

E. Temporary Sign: Any sign intended to be displayed for no more than thirty (30) days and without permanent frost resistant anchoring to the ground.

F. Valid, Pre-existing Non-Conforming Sign: A sign lawfully existing at the time of adoption of this ordinance or any subsequent amendment which does not conform to one (1) or more provisions of this ordinance.

7.30.3 APPLICABILITY AND VALID PRE-EXISTING NON-CONFORMING SIGNS:

A. Any non-conforming sign lawfully existing at the time of adoption or amendment of this ordinance will be allowed to continue to exist with the exception of portable signs. Façade and text replacement of such signs shall be permitted by the Building Inspector through the issuance of a building permit provided all applicable structural and electrical codes are in compliance for the sign.

B. New signs, signs where area is increased, or signs where changes in lighting shall require approval in accordance with Section 7.30.4.

C. Any sign conforming to this ordinance existing at the time of adoption or amendment of the ordinance shall be allowed to exist without a permit (verification of same will be required).

7.30.4. GENERAL REGULATIONS & APPLICABILITY:

A. Signs – Non-residential Uses: Signs that are associated with non-residential uses and/or installed on land that is used for non-residential purposes shall be approved as part of the Site Plan Review Regulations.

1. The Planning Board shall be authorized to adopt regulations for the approval, denial, or conditional approval of sign permits regulating the number, location, construction, placement, materials, lighting, and all other aspects of signage as part of the Site Plan Review Regulations.

B. Sign Permits: Signs that are associated with residential uses or home occupations and on land that is used residentially shall not be erected or placed without a permit issued by the Building Inspector in accordance with the provisions of this ordinance. An externally lit sign may be permitted provided it is approved by the Planning Board.

C. Prohibited Signs: The following signs are prohibited:

1. Signs, any part of which moves or flashes or on which the lights appear to travel or are animated.

2. Signs, which by reason of locations, size, color, or design interfere with public traffic or be confused with, or obstruct the view or effectiveness of any official traffic signal or traffic marking.

D. Internally illuminated signs may be permitted only by the Planning Board in accordance with its Site Plan Review Regulations in the Commercial districts and the Industrial district.

E. Temporary Mobile and/or Portable Signs: New businesses or businesses replacing a sign may use a temporary mobile sign (or trailer mounted sign) while awaiting the arrival of a permanent sign that has been approved under this ordinance. Such signs shall be allowed only until the permanent sign(s) is installed, or for thirty (30) days, whichever is shorter. A permit shall be secured from the Building Inspector for the placement of such signs.

F. Maintenance and Obsolescence:

1. All signs and sign structures shall be properly maintained and kept in neat and proper state of maintenance and appearance.

2. All signs associated with businesses no longer in existence shall be removed within thirty (30) days of the closing of the business.

3. All signs of any type and located within any district which are found by the Building Inspector to be in a state of disrepair or are considered dangerous, shall be repaired or removed on order of the Building Inspector and upon failure to comply with this order within the time specified within the order, the Building Inspector is hereby authorized to cause removal of this sign and any expense resultant thereto shall be borne by the owner/lessee.

7.30.5. SIGNS IN THE HISTORIC DISTRICTS: In addition to the preceding provisions, properties within the boundaries of the Historic Districts must comply with the Historic District Ordinance, and receive review from the Historic District Commission in accordance with their requirements.

7.30.6. SEVERABILITY: The invalidity of any provision of the article shall not affect the validity of any other provision, of the article, nor of the zoning ordinance as a whole.

Topical Note: This proposal will replace the existing sign ordinance as found in the zoning codes for the Town of Kingston. If this article passes the planning board will have accompanying sign regulations in place to coincide with this ordinance.

Yes – 530 No – 541 Not Passed

ARTICLE 8: Are you in favor of the adoption of amendment number 8 to the existing town zoning ordinance as proposed by the Kingston Planning Board as follows?

ARTICLE IV

DISTRICT REGULATIONS

(Amended 03/4/75; 03/8/77; 03/13/79; 03/11/80; 11/4/80; 03/10/81;

03/9/82; 03/8/83; 03/10/87; 10/27/87; 03/14/89; 03/12/91; 03/14/95;

03/12/96; 03/11/97; 03/10/98; 03/9/99; 03/14/00; 03/08/05;)

4.60 WETLANDS CONSERVATION DISTRICT

4.60.1 Purpose: In the interest of public health, convenience, safety and welfare, this ordinance is intended to guide the use of wetlands and wetland buffers, as defined in Section 4.60.2 of this ordinance.

To insure uses that can be safely and appropriately located in wetlands and wetland buffers that will maintain the quality and quantity of groundwater, water re-charge areas and surface waters necessary to supply existing and future water supply needs.

To control development of structures and land use in wetlands and wetland buffers, which would contribute to pollution or depletion of surface and/or groundwater.

To encourage environmental diversity by protecting and maintaining existing wetland systems and the vegetation and wildlife supported by such systems. This shall include the maintenance of wetland areas as sources of nutrients for finfish, crustacea, shellfish and wildlife, and as habitats and reproduction areas for plants, fish and wildlife as identified within the wetlands functional and value assessment required in 4.60.2b.

To protect persons and property against the hazards of floodwater inundation by insuring uses of wetlands and wetland buffers that will not significantly reduce the natural ability of wetlands to absorb floodwaters and silt leading to a disruption in the natural flow pattern of streams and other watercourses within the Town.

To encourage uses that will enhance rather than depreciate or obstruct the commerce, recreation and aesthetic enjoyment of the public within wetlands and wetland buffers.

4.60.2 Definition: The Wetlands Conservation District of Kingston includes those areas of Town defined in the following manner:

a. An area shall be considered a wetland if it is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include, but are not limited to, swamps, marshes, bogs, lakes, ponds, rivers, streams and vernal pools. Wetlands shall be delineated on the basis of hydrophytic vegetation, hydric soils, and wetlands hydrology in accordance with the techniques outlined in the U.S. Army Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1. (January, 1987) or as subsequently adopted by the State of NH.

b.An area shall be considered a wetland buffer if it is an upland area immediately adjacent to wetlands as defined in this ordinance. The linear extent of the wetland buffer shall be determined by Table A on the basis of the functional values for the subject wetlands as determined by a certified wetlands scientist.

Table A

c. Where the Wetlands Conservation District is superimposed over another zoning district in the Town of Kingston, that district which is more restrictive shall govern.

4.60.3 Wetlands Conservation District Map: The Wetlands Conservation District as herein defined is shown on a map designated as “Town of Kingston Wetlands Conservation District” and is a supplement to the zoning map of the Town. Wetlands boundaries indicated on the zoning map supplement shall be verified by an on-site wetland delineation by a certified wetland scientist as referenced in Section 4.60.2. The results of any on-site wetland delineation will be on file with the Planning Board and Conservation Commission. A certified wetland scientist is a person qualified in wetland classification and mapping who is certified by the State of New Hampshire Joint Board of Natural Scientists.

4.60.4 Appeal: In the event that an area is alleged to be incorrectly delineated on the wetland map, any person aggrieved by such a designation may present adequate evidence of such to the Planning Board. Adequate evidence shall include a written report of on-site wetland investigation and analysis conducted by a certified wetland scientist.

4.60.5 Permitted Uses:

1. In designated wetland areas permitted uses are those which are compatible with the purposes specified in Section 4.60.1 Purpose, of this ordinance and do not involve significant alteration of the wetland. Permitted uses are:

a. Forestry, agriculture and tree farming provided that such use is shown not to cause significant increases in surface or groundwater contamination by pesticides or other toxic or hazardous substances and that such use will not cause or contribute to soil erosion;

b.Water impoundments and supply wells;

c. Maintenance of existing drainage ways: streams, creeks or other water paths of normal water run-off;

d.Wildlife refuge;

e.Parks and such recreational uses;

f. Conservation areas and nature trails; and

g.Open Space as permitted by subdivision regulations and other sections of this ordinance.

2. In designated buffer areas permitted uses are those which are compatible with the purposes specified in Section 4.60.1 purpose of this ordinance and do not involve significant alteration of the buffer. Buffer provisions are:

a. All forestry and agriculture activities within the wetland buffer shall be undertaken with special care to avoid erosion and siltation into wetlands.

b. The construction or placement of any structure, addition, improvement or swimming pool is prohibited.

c. Where an existing building within the wetland buffer is destroyed or is in need of extensive repair, it may be rebuilt provided that such re-building is completed within two years of the event causing destruction. The new or rebuilt structure shall not extend further into the wetland buffer than the original footprint.

d. The storage of any motor vehicle, including but not limited to, autos and trucks, snowmobiles, recreational vehicles, motorcycles or motorized boats is prohibited.

e. The dumping or placing of trash, waste, unsightly or offensive material, other than non-commercial composting under control by the homeowner is prohibited.

f. Only environmentally friendly fertilizers shall be used in the buffer. For this section, environmentally friendly fertilizers means organic. Pesticide and herbicide use are not allowed in the buffer.

g. Landscaping of the buffer shall be limited to native plant species.

4.60.6 Uses Permitted Subject to Review:

a. Easements and Rights of Way: Streets, roads and other access ways and utility rights-of-way or easements may be permitted provided that evidence of the following be accepted by the appropriate Board:

1) The street, road, access way or utility right-of-way or easements are essential to the productive use of land not zoned under the provisions of this ordinance.

2) The street, road, access way or utility right-of-way or easement is so located and constructed as to minimize any detrimental impact of such uses upon the wetland or designated buffer.

3) Such location and construction be compatible with the intents and purposes of this ordinance.

b. Underlying Districts: In cases where the Wetlands Conservation District overlays another zoning district, the proposed use shall be permitted (providing said use is allowed in the underlying district) subject to review by the appropriate Board providing that:

1) Uses are consistent with the purpose and intent in Section 4.60.1.

2) The appropriate procedure for review as delineated in Section 4.60.7 be followed.

4.60.7 Procedure for Review:

a. Building Permits for Individual Lots Upon receiving a request for a building permit within the Wetlands Conservation District , the Building Inspector, as agent of the Board of Selectmen shall notify the Conservation Commission of said request. The Conservation Commission may submit a written report following its review of the request. If the Building Inspector determines that the proposed activity may have a significant negative impact on the wetlands and/or designated buffer as described in Section 4.60.1, they may recommend that the Selectmen deny the application.

b. Subdivision and Site Plan Review Any person who desires to subdivide land or propose construction that would be subject to Site Plan Review within the Wetlands Conservation District