Town of Kensington
Minutes for Zoning Board of Adjustment
December 4, 2001 Meeting
Approved January 8, 2002
Roll call: Chairman Daniel
Chaisson, Katherine Clark, Joan Skewes, and Paul Kimball
The Meeting was called to order at 7:35 pm.
Continuation
of the application of Howard G. and Deborah A. Wadleigh
requesting a special exception for a commercial wood processing operation. Joan Skewes relayed that she had spoken with
Town Counsel, Charles Tucker, and the consensus was that if the wood is brought
in, it is a commercial operation.
Chairman Chaisson explained that although the property meets the
dimensional requirements, Article 8.3 I must be satisfied.
Mr. Wadleigh stated that he was
prepared to offer parameters. He
explained that cutting had normally been done on the weekends, but he has
changed jobs so that he can cut during the week. He emphasized that he is willing to work with his neighbors and
would be willing to limit cutting to the months of September through May,
thereby reducing the impact of noise.
He added that even during these months, especially on the warmer days,
his neighbors were welcome to call and let him know that they were finding the
operation noisy.
Duncan and Robyn Chambers, abutters at
7 Cottage Road were in attendance. Mr.
Chambers reiterated that he doesn’t want a business there and emphasized that
he and his wife bought in a residential area for peace and quiet. Dan Chaisson explained that the
determination was whether the noise was excessive and this was more of a
judgment call.
Mr. Wadleigh presented a letter from
Chief Aquilina, which was read for the record by Chairman Chaisson. “Per request of Gary Wadleigh, 4 Cottage
Road, Kensington, NH, and for whatever purpose this letter may serve, please be
advised that as of this date, the Kensington Police Department has no record on
file reference noise complaints at the above location.”
John Rochwarg said he has spoken with
both Mr. Wadleigh and the Chambers. Mr.
Rochwarg also stated he wouldn’t complain even though the noise has bothered
him from time to time. Dan Chaisson
explained that conditions could be put on the Special Exception. Paul Kimball said Mr. Wadleigh has rights in
the Town equal to others.
Mr. Wadleigh detailed his current
operation, explaining that he cuts approximately 50 to 70 cords per year and
personally burns about 8 to 9 cords. He
has been cutting year round, primarily on weekends, although he limits the
cutting on Saturdays to three or four hours.
He said he doesn’t usually cut on both weekend days, but may use the
splitter on the other day.
Paul Kimball made a motion to grant
the Wadleigh’s the ability to continue operation of their wood business within
the restrictive hours they have offered.
Joan Skewes felt more discussion was needed and Dan Chaisson expressed
that it was not an easy decision. There
was no second. Joan Skewes added that
if the hours were restricted she would consider granting the Special
Exception. K. Clark emphasized that the
weekend factor would be a major one and suggested going with Monday through
Friday. Mr. Wadleigh was amenable to
this, but wanted to be able to use the wood splitter on the weekends. Mr. Chambers was strongly opposed to any
compromise, stating that Cottage Road was not the place for a business. He explained that he lives only 150 yards
from Mr. Wadleigh and can see the entire operation. K. Clark stated that in light of the complaints by Mr. Chambers,
she would have difficulty approving. K.
Clark moved that the Special Exception be denied the Wadleigh’s for a business
in a residential zone. There was no
second.
Dan Chaisson asked if the Board wanted
to put restrictions on the Special Exception and if they thought it was
reasonable. Paul Kimball and Joan
Skewes said yes, but Joan Skewes added with the restriction that chain sawing
be no more than 6 hours a week, Monday though Friday. K. Clark said no.
Chairman Chaisson asked the Board members about restrictions for the
splitter and trucks, but the members did not define the terms at this
time. K. Clark pointed out that it was
not just this application that the Board needed to consider as it would set a
standard, a benchmark, since it would not be the only case that would be
presented to the Board and the members must be cautious regarding setting a
precedence. She also added that while
sympathetic to the Wadleighs and others who have similar operations, the Board
must also be sensitive to the well being of the entire community, which creates
a difficult situation. K. Clark stated
that with respect, she moved that the Board deny the application before them
and requested the Chairman read the application, which he did. Joan Skewes seconded. Three members voted in the affirmative with
one member opposed, thus the motion carried.
Approval of November 6, 2001 minutes – K.
Clark moved to accept the minutes as distributed, seconded by Paul Kimball with
all in favor.
Paul
Kimball moved to adjourn at 8:25 pm, seconded by Joan Skewes with all in favor.
Denise
Gregson
Administrative
Assistant