Town of Kensington
Minutes for Zoning Board of Adjustment
November 6, 2001 Meeting
Approved December 4, 2001
Roll call: Joan Skewes,
acting Chairman, Katherine Clark, Paul Kimball, John Ronan, and Eric Peterson
The Meeting was called to order at 7:35 pm.
Application
of Howard G. and Deborah A. Wadleigh requesting a special exception
for a commercial wood processing operation. The property meets the frontage and acreage requirements, having
387 feet of frontage and consisting of 8.10 acres. Mr. Wadleigh explained that he uses a chainsaw, front end loader,
and dump truck and has been operating for seven (7) years. He said he received a letter from the Board
of Selectmen that he must apply for a special exception since more than 50% of
the wood he processed was brought to his property.
Mr. &
Mrs. Chambers, abutters at 7 Cottage Road spoke against the granting of a
special exception due to excessive noise.
Mr. Chambers stated the Wadleighs should purchase commercial property
for the operation, explaining that he and his wife had bought a home in a
residential area with the expectation that the neighborhood would be quiet.
John
Rochwarg, an abutter at 9 Cottage Road, stated he had attended as he wanted to
understand the hours of operation, and any other parameters.
Mr.
Wadleigh stated that he works on the weekends, usually between 9:30 or 10:00 am
until 1:30 pm. He said he usually cuts
the wood on Saturday and runs the splitter on Sunday. The operation typically runs spring through winter with the summer
months being slack.
John Ronan
read from Article 8.3, Uses Other Than Single Family Dwellings:
I.
“Special Exceptions – Application for special exception for
uses other than single family dwellings will be made to the Board of Adjustment
providing that no use will be permitted which could cause any undue hazards to
health, safety or property values or which is offensive to the public because
of noise, vibration, excessive traffic, unsanitary condition, noxious odor,
smoke or other similar reasons.”
He said
that the Board could not grant a special exception “which is offensive to the
public because of noise…” Mr. Wadleigh
stated he would limit the cutting to noon on Saturday and Sunday.
The Board
discussed whether this operation is considered commercial or agricultural. Joan Skewes said she felt it was a matter
requiring legal interpretation and asked to consult with Town Counsel. Joan Skewes motioned to continue the case
and obtain legal opinion as to whether special exception is needed on the property
and continue until the next meeting of December 4, 2001. Eric Peterson seconded the motion with all
in favor.
Application
of William and Maria Quimby, 207 Amesbury Rd., Kensington, NH, for a variance to place part
of a barn within 25’ of an abutter; in this instance, 8’. Mr. Quimby explained that there had been a
16 x 28’ shed, which he had removed because it had deteriorated, and he would
like to replace it with a 20 x 26’ shed.
He had applied for a building permit, but the Board of Selectmen had
requested he apply to the Zoning Board of Adjustment for a variance since the
footprints were different.
Hector
Kruz, an abutter, asked about the height of the structure. Mr. Quimby explained that it would be a few
feet taller than the existing structure, but would have a green roof to reduce
visibility. Mr. Kruz said he had no
problem with it as long as it was not too tall. It was agreed that the shed/barn would be no closer to the lot
line than the existing structure had been.
K. Clark
moved that the application be received and approved, with the condition that
the structure be no closer to the property line than the pre-existing building,
seconded by Eric Peterson with all in favor.
Mark
Williams had requested a consultation with the Board that day; the
members agreed to the consultation. He
presented a notice of violation which he had received 11/02/01 and explained
that in July he began building the porch which he thought was a work in
progress, as the original plans of 1997 included building a deck. He was issued an occupancy permit provided a
board was put across the door leading to the unbuilt porch/deck. On July 28th, he said he received
a call from Harold Bragg asking if he had a permit to build the deck. He had asked about set backs and Mr.
Williams thought they were adequate. He
applied for the building permit and was told he would also need a plot
plan. His wife brought the plans to the
Town Hall and he thought he was all set.
After receiving the violation, he checked the setbacks and found that
the boundary pin was now 6’ closer to his house, thus the first 9’ of the porch
is only 23’ from the lot line. Joan
Skewes explained the Board could not approve a variance without knowing the
actual measurements and suggested he have his property surveyed.
Approval
of October 2, 2001 minutes – Eric Peterson asked to amend the name John Sargent
to Joan Skewes as Mr. Sargent does not sit on the Zoning Board of
Adjustment. Katherine Clark moved to
approve the minutes as amended, seconded by Paul Kimball with all in favor.
There was
a brief discussion of Michael Schwotzer’s suggestions regarding home
occupations with no decisions made.
Paul
Kimball moved to adjourn at 9:20 pm, seconded by John Ronan with all in favor.
Denise
Gregson
Administrative
Assistant