Town of Kensington

Minutes for Zoning Board of Adjustment

June 5, 2001 Meeting

Approved July 10, 2001

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

The Meeting, held at the Grange Hall, was called to order at 7:35 pm.

Continuance of the application for Robert and Lee Ann Smart, 72 Stumpfield Rd.:

Attorney Kerri Marshall accompanied Lee Ann Smart. Chairman Dan Chaisson explained that he had spoken with Town Counsel, Charles Tucker, who was able to provide helpful information. The New Hampshire Supreme Court recently changed the rulings for variances, particularly in regard to dimensional uses. Prior to this, a property owner had to show severe hardship, but the ruling now allows for a softer approach. According to Attorney Tucker, there are two primary issues: 1) law and 2) equity – is it a fair and just interpretation. The fact that this land has been taxed by the Town as a buildable lot is also a consideration.

Attorney Marshall highlighted the recent Supreme Court Case, Simplex Technologies, Inc. v. Town of Newington & a., January 29, 2001. Included in the discussion was the issue of hardship, the Planning Board allowance of a subdivision with an unbuildable lot, and reiteration that granting the variance would not interfere with others.

K. Clark moved that the application be approved, seconded by P. Kimball. Chairman Chaisson asked that a condition be added that the use meets all other requirements of Article 8.2 section 2B. All voted in favor and the motion passed.

Todd Burnim, 107 South Rd. – preliminary consultation: Chairman Chaisson explained he had been contacted by Mr. Burnim and had suggested he meet with the Board tonight. Members were agreeable. Mr. Burnim stated he would like to build a garage that may border on wetlands according to the lot plans. He explained that the drainage has been reconfigured and now crosses his front lawn and then drains to the rear of the property. The question is whether or not it is still wetlands. The plans were reviewed and discussed and the Board suggested he contact the Rockingham County Conservation District for assistance in finding someone who can do hydraulic work and have the wetlands reevaluated. This would provide the data needed to determine how much of a variance would be required and the impact.

Approval of May 8, 2001 minutes – K. Clark moved that the minutes of May 8, 2001 be approved as distributed, seconded by P. Kimball with all in favor.

The Board reviewed the current variance checklist and discussed modifications that may be needed in view of the above referenced Supreme Court decision. The members agreed to address this at their next meeting.

John Ronan moved to adjourn at 8:42 pm, seconded by P. Kimball with all in favor.

Submitted by,

Denise Gregson

Administrative Assistant