Town of Kensington

Minutes for Zoning Board of Adjustment

May 8, 2001 Meeting

Approved June 5, 2001

In Attendance: Chairman Dan Chaisson, Katherine Clark, Paul Kimball and John Ronan

The Meeting was called to order at 7:40 pm.

A. Robert and Lee Ann Smart, 72 Stumpfield Rd., Kensington, NH, requesting a variance from provisions in Article 8.2, Section II.B which would allow less frontage than required by Zoning Ordinance and Land Use Regulations. Lee Ann Smart met with the Board. She said they would like to build a house on this lot. The new plan was reviewed as well as the plan approved by the Planning Board in July of ’88. Paul St. Jean, an abutter, provided history and background information to the Board members, explaining that a lengthy driveway had been proposed with a two lot subdivision of the remaining land. He had objected at that time as well as the Fire Chief and Safety personnel. Chairman Dan Chaisson explained to Mrs. Smart that if the lot did not meet the frontage requirements of 150 feet at the time it was subdivided in 1988, then it creates even more of a problem now, since the current requirements are for 200 feet.

Mrs. Smart stated the lot has been taxed as a buildable lot since the subdivision approval in 1988 and showed a copy of the assessment to the Board members. Chairman Chaisson suggested a decision be postponed until he could confer with Town Counsel regarding the tax issue. K. Clark moved to continue the hearing of Robert and Lee Ann Smart, 72 Stumpfield Rd., Kensington, NH until the next meeting of June 5, 2001. P. Kimball seconded with all in favor.

B. Hogg Hill Ltd., 14 Bartlett Rd., Kensington, NH, application for a Special Exception for commercial use in accordance with Article 8.3.I.A of the Zoning Ordinance and Land Use Regulations and per RSA 674.33, Appeal from an Administrative decision. Attorney Stephen G. Hermans presented the Appeal. He was accompanied by Mrs. Betsy Dingman, Dave Lambert, Rich Martin, the Farm Manager, Joe Valley and Richard Dupre. He began by stating that his clients were not proposing any commercial use of the property, nor proposing any change in use in the property. He stated the goal is only to renovate the barn. The barn was built in 1991 and is used for animal and poultry husbandry and agricultural crops. There is no residence on the property. The applicants are asking the Zoning Board of Adjustment to allow for a building permit and added it could be restricted to no commercial use if the Board wished. Attorney Hermans also explained there is no association with Fischer Scientific and Mrs. Dingman said she thought it might have been used for address purposes only at one time. Mr. Dingman has title to the property. Following discussion and clarification of the intended use of the barn, K. Clark moved that the building permit be granted for barn alteration, conditioned upon and in accordance with use conforming to Chapter 2, Article 8.2 of the Kensington Zoning Ordinance and Land Use Regulations, seconded by P. Kimball with all in favor. The application for Special Exception was withdrawn.

Approval of January 16, 2001 minutes – K. Clark moved that the minutes of January 16, 2001 be approved as written, seconded by P. Kimball with all in favor.

K. Clark moved to adjourn at 8:45 pm, seconded by P. Kimball with all in favor.

Submitted by,

Denise Gregson

Administrative Assistant