Residential Pivot at 55 Rear Main Street Gains Traction Despite Abutter Wetland Objections

Key Points

  • Approval of a special permit for 55 Rear Main Street to convert office space into two two-bedroom apartments
  • Resolution of a parking dispute by requiring the removal of trailers to meet a 13-space minimum without relying on a contested easement
  • Discussion of ongoing Conservation Commission wetland violations involving the 55 Rear Main Street property and its neighbor
  • Endorsement of an Approval Not Required plan for 9 Old Orchard Lane to establish a right-of-way strip for frontage
  • Partial release of a $16,328 bond for the Nava’s Landing development following successful drainage performance during heavy rains
  • Retention of $5,000 from the Nava's Landing bond pending the final review of as-built engineering plans

The Kingston Planning Board convened on January 12 to address a proposal by JMA LLC to convert the upper floor of 55 Rear Main Street into two residential apartments. The building, which currently houses a martial arts school and a chiropractic office, is situated in a commercial district near Main and Crescent Streets. Alexander Graham opened the hearing by reading the formal petition, noting the proposal aims to convert office space to residential use on the second floor over a first floor business use. Property owner Joseph Thirsten explained that the move would likely reduce traffic in the area, as many martial arts classes would be relocated to a second facility in Hanover. Thirsten told the board, We're looking to convert the top floor of our building to two apartments upstairs, adding that the change would help the property remain viable as it has struggled to sell on the open market.

Abutter Maren McNamee raised several concerns regarding the project, specifically pointing toward a history of wetland violations and overnight parking. McNamee asked for the board to delay their vote, stating she would like a decision put on hold until after the water wetland issue is settled. Town Planner Valerie Massard clarified that while the Conservation Commission has issued notices of violation to both properties regarding a shared parking easement, those specific parking spots are not required for the residential conversion. Massard noted that moving existing trailers would free up enough onsite parking to meet the requirement of 13 spaces. Massard advised the board that the trailers have to be moved and the 13 parking spaces have to be available before occupancy is issued. Chair Thomas S. Bouchard Sr. steered the discussion toward a resolution, remarking, I don't personally see any issue with this, though he acknowledged the neighborly dispute over the marshland drainage.

Board members questioned the density and future of the site during the deliberations. Jonathan J. Barnett Sr. expressed concern about the operational shift of the business, asking Thirsten, Am I to understand that you are interested in moving your students up to the Hanover facility? Thirsten confirmed the plan to reduce student volume at the Kingston location. Following the discussion, Motion Made by Jonathan J. Barnett Sr. to close the public hearing. Motion Passed 5-0. The board then moved to finalize the site plan. Motion Made by Alexander Graham to approve the site plan of 55 Main Street with a special permit with conditions or findings in the planner's report deleting 3A. Motion Passed 5-0.

The board also handled administrative business, including a minor lot line adjustment at 9 Old Orchard Lane to provide frontage for a landlocked parcel. Robert Ketter observed the location was near a familiar local compound, noting, I think his son might be doing something with that one. Motion Made by Robert Ketter to endorse the ANR plan for 9 Old Orchard Lane, Map 59 Lot 52 and 53-2. Motion Passed 5-0. Additionally, developer Carl Duenberg visited the board to request a bond release for the Nava’s Landing project. Duenberg reported that recent heavy rains proved the new drainage system was effective, saying, The drainage is working great. We have the neighbors in the back are happy. David W. Gavigan Jr. supported a partial release while retaining a small sum for final paperwork review. Gavigan stated, I'm fine with that. So we're going to release everything except for $5,000. Motion Made by Robert Ketter for the bond reduction to release for Nava's Landing of $16,328, holding $5,000 back for review of as-built acceptance plan. Motion Passed 5-0. The meeting concluded with a lighthearted exchange about local sports and the upcoming meeting schedule.

The meeting was adjourned at 7:27 PM