Last week, the Zoning Board of Adjustment denied Brox Industries a variance to operate a hot-mix asphalt plant on the 17.5-acre property it owns at 8 Dorrie Road.

About 40 residents crowded into a room at the old high school on July 12 to hear a presentation by attorney Henry Hyder on behalf of Brox, and to voice their concerns.

Hyder contended that the proposed plant would not diminish the value of the property, was consistent with existing uses in the industrial zone, and was not contrary to the public interest. Hyder emphasized that the proposed site was zoned for industrial use and already included an asphalt plant owned by John Gallaway.

Several residents argued against granting the variance, citing health and safety concerns. Resident Bill Whitney, who lives near the proposed site, said his family had lived in Kingston for over 100 years. He scolded the town''s boards for allowing an industrial zone to be located on an aquifer and said the industrial zone at issue had been unscrupulously clear-cut and dug out over the years. "A large part of the buffer zone has been destroyed and in the spring season that land is below the water table in sections and will require probably 200 million yards of fill before anyone can build there," said Whitney.

Paul Tobits of Dorrie Road said that the existing asphalt plant utilizes hundreds of gallons of petroleum, producing dangerous emissions and creating a risk of groundwater contamination. Tobits said the health of residents, including students at the high school, located downwind, would be compromised by the addition of another asphalt plant.

Board member Ken Rota challenged Brox''s claim that failure to grant a variance would constitute a hardship, noting that in 1995 and 2004 residents voted to specifically exclude asphalt plants from the industrial zone. "You purchased this property in 1987 and since then the rules have changed. You chose to wait. You created your own hardship."

The board ruled against Brox after finding that it failed to satisfy four out of five criteria necessary for a variance.

Over-55 housing
Zadeda Farm Inc. withdrew its request for a variance to build 65 units of 55-plus housing in the commercial zone currently occupied by the Granite Field''s golf course and soccer facility after most board members indicated that they would not support the application.

Attorney John Ratigan, who spoke on behalf of Zadeda, said that the proposed development would incorporate the golf course as part of its open-space plan and that the space would be preserved in perpetuity through a conservation easement should the golf course close.

Ratigan argued that the site should be treated as mixed-use for zoning purposes because the development would provide a buffer to the adjacent residential area. He said the development would benefit the public interest and was not contrary to the intent of the zoning ordinance.

Board member Ellie Alessio questioned Ratigan''s contention that over-55 housing would benefit the town, stating that such developments have "endemic problems."

"While I think the concept is terrific, I cannot support putting it in one the few commercial districts we have in town," said Alessio.

Zadeda Farms previously sought to develop the property by proposing to make 20 percent of the units work-force housing. But its petition to rezone the site as a "work-force housing overlay district" was not supported by the planning board and was rejected by voters in the March 2007 election.

Hannaford rescheduled
The special exception application filed by Konover Development to fill in 11,000 square feet of wetlands at the proposed Hannaford supermarket site at the corner of Route 125 and Main Street has been rescheduled to Aug. 9. At their May 10 meeting, board members asked that Konover first respond to issues raised by the Conservation Commission and also wait until a dredge-and-fill application filed with the state Department of Environmental Services is ruled upon.