Town of Kensington
Zoning Board of Adjustment Minutes
November 5, 2002 Public Hearing/Meeting
Amended and approved January 7, 2003
Roll
call: Chairman Joan Skewes, Paul Kimball, Eric Peterson and Katherine Clark
The Meeting was called to order at 7:30 pm.
Application
of Brian and Karen Buxton, 56 Osgood Road, Kensington, NH, Map 12, Lot 45B-3,
for a special exception in accordance with Article 8.4B for home
occupation. Applicant is requesting
approval for a studio over a garage that is yet to be built.
Brian
Buxton explained that he is selling his home and the buyer wants to build a
studio in the garage. Pamela Bracci and
Carl Grifalconi, representing the buyer, Hideaki Miyamura who was unable to
attend, said he sells extremely high end pottery primarily to museums and at
museum shows, and there would be no selling from the home. There would be no need for a sign and no
traffic. Donna Carter, Real Estate
Agent, explained that clay is delivered approximately once a year and Mr.
Miyamura takes his products to shipping places.
Cindy
Heal, 47 Osgood Road, asked what the special exception means and if it includes
provisions for a sign. Joan Skewes read
the Article and explained that if granted approval, the applicant could put up
a sign not to exceed 4 sq. ft. or 2’x2’.
Eric Peterson asked about the 25% square footage requirement. Calculations for the studio to be built were
listed at the 25% requirement, which is 1300 sq. ft. Plans for the studio were reviewed showing an expanded bedroom
above it. The applicants stated the
proposed design has been changed, since Mr. Miyamura felt the electric kilns
would be better placed on the cement with the studio being where the garage had
been proposed.
Paul
Kimball asked if any lead glazes were used.
The applicants said there was no sanding and they use electric
kilns. K. Clark expressed concern with
the previous special exception granted on the Drinkwater Road property. Karen Buxton explained that the prior
special exception was for use of a truck only from the Drinkwater Road
access. Once the driveway was moved to
Osgood Road, the special exception was no longer in effect. Joan Skewes suggested doing a condition that
the prior use has been discontinued.
Cindy Heal
asked if the special exception Joan Skewes
K. Clark
motioned that the application of Karen & Brian Buxton of 56 Osgood Road,
Kensington, Map 12, Lot 45B-3, for a special exception in accordance with
Article 8.4B for home occupation requesting approval for a studio that is yet
to be built, be approved. Seconded by
Paul Kimball with additions and conditions as listed:
1)
Successful purchase of subject property by Hideaki Miyamura;
2) Prior
special exception on subject property be abandoned;
3) No
toxic emissions;
4) Subject
to site plan review by the Planning Board.
All Zoning
Board of Adjustment members voted in favor.
Laura
Rummo, 74 Amesbury Road, met with the Board for a consultation. She explained that she would like to sell
kissing balls on a seasonal basis.
Agricultural products can be sold; trees have been sold as well as
wreaths. Per the definition of
agricultural use in the Zoning
Ordinance and Land Use Regulations,
floriculture is considered an agricultural use. Donna Carter detailed that previously the
owner of this lot had wanted to run a small floriculture business and the
matter had gone to Court. The ruling
had been that a special exception was not required since the business was
considered agricultural. Chairman
Skewes suggested Laura obtain a copy of the case at the Rockingham County Court
House, since a special exception might not be needed if the use is considered
agricultural. Otherwise, she would need
to come back to the Board and apply for a home occupation.
Approval
of September 3 and 8, 2002 minutes and October 1, 2002 – Paul Kimball requested
that the word contiguous be added to number three under conditions for
clarification in the October 1, 2002 minutes.
The amended portion will now read, “ Storage of equipment outside
limited to three contiguous acres. Remaining land for equipment demonstrations and events of present
Wesley Rosencrantz.” Board members
agreed since this had been discussed and agreed to by all parties. Joan Skewes moved that the minutes of
September 3 and 8, 2002 minutes and October 1, 2002 as amended, be approved,
seconded by Paul Kimball with all in favor.
Joan
Skewes explained that she had attended a workshop on grandfathered uses and
found that non-conforming expansion is essentially not a Zoning Board of
Adjustment issue, but an enforcement issue.
As an example, if she is operating a garage, expanded and then received
a letter from an Attorney stating you have expanded a non-conforming use and
must cease and desist, she wouldn’t go to the Zoning Board of Adjustment but to
court. The Courts would litigate
whether the expansion was within the zoning regulations.
The
Board was apprised of an appeal filed by Mr. Chetsas in regard to their recent
approval of the Rosencrantz’s application for special exception. The Board agreed to meet Thursday, November
14, 2002 at 7:30 pm downstairs in the office of the administrative assistant to
consider the merits of the appeal.
Joan
Skewes moved to adjourn at 9:25 pm, seconded by Eric Peterson with all in
favor.
Denise Gregson
Administrative Assistant