Town of Kensington
Minutes for Zoning Board of Adjustment
September 4, 2001 Meeting
Approved October 2, 2001
In Attendance: Joan Skewes,
acting Chairperson, Katherine Clark, Paul Kimball, and Eric Peterson
The Meeting was called to order at 7:30 pm.
R. S.
Sanderson Builders continuance – Attorney Pelech and Brad Jones of Jones and
Beach Engineering met with the Board, presenting updated plans. Joan Skewes read from a Memorandum prepared
by John Krebs of the Rockingham Planning Commission regarding additional
information needed. Under Section 1,
additional information is required, Item A asked that the well radius be
depicted to guarantee a minimum 75’ setback from the proposed septic system. Mr. Jones explained that there is a waiver
that when someone puts a well on someone else’s property, they give up any
rights to someone going in and putting a septic system within the well radius,
but he will look into the matter. Joan
Skewes suggested a statement that the neighboring well is not within 75’ of the
septic system. Item B discussed
relocating the right-of-way thus eliminating the need for variances to erect a
structure in the Hydric Soil Setback.
Mr. Jones explained that the right-of-way is presently paved and
Attorney Pelech commented that both ends would need to be moved requiring
approval by both abutters. Item C urged
the Board to require certification of the Plan by a licensed NH Certified Soil
Scientist or a NH Certified Wetland Scientist since the lot is largely
comprised of wetland soils. Mr. Jones
stated Mike West had done the soils and he would ask him to stamp the
Plan. Section 2 referred to the impact
of Simplex v. Town of Newington and the NH Supreme Court Decision. Attorney Pelech disagreed with Mr. Kreb’s
synopsis, arguing that the definition of hardship has been changed. He explained that this lot previously had an
approved septic system, is not within Hydric A or B soils and feels that the
proposal is not contrary to either the spirit or intent of the Kensington
Zoning Ordinance.
The retaining wall was discussed, with
Mr. Jones explaining the engineering and compliance with state
requirements. P. Kimball expressed
concerns with runoff affecting wetlands, however, Mr. Jones explained that swaling
could cause more problems than allowing the water to sheet.
A limited cut area and no cut area
were discussed. These will be defined
in the restrictive covenants. Joan
Skewes requested extending the no cut area another 20’. Mr. Jones explained that there is a shed
like structure that could possibly be demolished, but could involve cutting
trees. Following discussion, it was
agreed to extend the no cut area by 15 feet and demolish the existing
structure.
K. Clark asked to clarify that the
Reilly’s were the owners as written on the application and plan to sell the
property to Sanderson pending approvals.
Mr. Jones said he thought that might be the case, but was not sure.
Joan Skewes summarized the following
three requirements: 1) The location of
5/Lot 31-3 well or a statement that the proposed septic system is not within
75’, 2) Extending the no cut zone an additional 15’, and 3) Plans to be stamped
by a NH Certified Soil Scientist or a NH Certified Wetland Scientist. Attorney Pelech asked if the Board would vote
on the proposal conditioned upon satisfactory completion of the plan. Joan Skewes replied that the Board would
prefer to have a final plan before voting.
P. Kimball moved to extend to the next meeting, Joan Skewes with all in
favor.
Todd and
Renay Burnim – Mr. & Mrs. Burnim were not in attendance although a letter
had been sent. P. Kimball moved not to
extend any further, seconded by Joan Skewes with all in favor.
Approval of August 7, 2001 minutes – P. Kimball asked about a reference in John Krebs memorandum regarding Mr. Sanderson stating the access right-of-way could be relocated. Denise will contact Mr. Krebs to determine the basis for his statement. P. Kimball moved to accept the minutes as presented, seconded by Joan Skewes with all in favor.
Harold Bragg spoke briefly with the Board regarding
whether processing cordwood is a separate activity or part of his landscaping
business. The Board felt they should
review the prior approvals.
Denise
Gregson
Administrative
Assistant