Town of Kensington
Minutes for Zoning Board of Adjustment
February 5, 2002 Public Hearing/Meeting
Draft – Subject to change prior to approval
Roll
call: Chairman Dan Chaisson, Joan Skewes, Paul Kimball, and Eric Peterson
The Meeting was called to order at 7:35 pm.
Chairman Chaisson explained that this was a public hearing for the application of Howard G. and Deborah A. Wadleigh, 4 Cottage Road, Kensington, NH, for an Appeal from an Administrative Decision in accordance with NH State Statutes, RSA Chapter 677. On December 4, 2001, the Zoning Board of Adjustment denied the applicants a Special Exception for commercial use to operate a firewood processing operation, in accordance with Article 8.3.I.A of the Kensington Zoning Ordinance and Land Use Regulations. This hearing is a step in the judicial process between the Town and Court which gives the Town the opportunity to review the original application in case an error was made or if there is other evidence the applicant can present which could change the decision.
Attorney Peter Hatem, representing Mr. & Mrs. Wadleigh read from a document submitted with the appeal application: the owner would be the only one doing the wood processing, there would be no employees, the use would only run from September 1 through May 31 with chain saw cutting hours restricted as listed on the document, and that the owner would work with his neighbors not to cut on weekends if the neighbor is having a family gathering, or similar function, as long as he was notified beforehand. Attorney Hatem also presented letters of support from four abutters which were read by the Chairman; Janet St. Lawrence, Ed and Leith Patenaude, Ronald Belisle, and Robert Wadleigh.
Mr. Chambers, an abutter, reiterated that the business is noisy and added he had concerns regarding water and environmental concerns due to oil and fuel from the chain saw. John Rochwarg stated that although he thought there were sensible discussions at the last meeting, he now feels that wood processing is a noisy business and expressed concerns that the agreement would not be followed. Attorney Hatem stressed that each case is looked at individually and if the agreement isn’t honored, then the abutters could seek enforcement. He added that the area is zoned residential/agricultural and that Mr. Wadleigh has a right to cut wood for himself, but in exchange for selling some of the wood he is willing to restrict activities.
Paul Kimball asked the abutters present how long they had resided at their properties; Mr. Chambers stated 7 years and Mr. Rochwarg stated 16 years. Mr. Kimball commented that there had not been any complaints over the years until the Wadleigh’s were asked to come to before the Board.
Eric Peterson discussed the reference to ‘noise’ in the ordinance, stating that the Board listens to all parties and looks to evaluate a compromise. He said it was his understanding that the weekends were originally the problem and that Mr. Wadleigh has agreed to compromise by not working on the weekends. Attorney Hatem read the conditions offered by Mr. Wadleigh, however, the abutters were not swayed in their decision.
Chairman Chaisson reiterated that it was a judgment call for the Board as the Wadleigh’s meet the dimensional criteria. However, since Article 8.3 of the Zoning Ordinance and Land Use Regulations states “…no use will be permitted…which is offensive to the public because of noise…” and since no compromise could be reached, the Board could not approve the application for appeal. Eric Peterson added that he was disappointed that the effort to reach a compromise was unsuccessful.
Joan Skewes moved to accept the application for appeal from an administrative decision filed by Howard and Deborah Wadleigh, seconded by Eric Peterson with all in favor. Paul Kimball moved to reverse the decision. Chairman Chaisson explained that this was an appeal and the Board could either grant or deny the appeal, without affecting the previous decision. There was no second to the motion. Joan Skewes moved to deny the appeal from an administrative decision, seconded by Eric Peterson. The vote was two in favor, with Paul Kimball opposed. Chairman Chaisson clarified that the reason was that the use resulted in noise offensive to the public. Paul Kimball felt that the notice of decision from the Board should indicate that two abutters were present that objected.
Approval
of January 8, 2002 minutes – Paul Kimball moved to
accept the minutes as presented, seconded by Eric Peterson 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