Town of Kensington

Zoning Board of Adjustment Minutes

November 14, 2002 Public Hearing/Meeting

Approved January 7, 2003

 

Roll call: Eric Peterson, Katherine Clark, Daniel Chaisson, and Paul Kimball.  Chairman Skewes joined the Board at 7:55 pm.

 

The Meeting was called to order at 7:30 pm.

 

The Zoning Board of Adjustment held a meeting to decide whether or not to grant a rehearing to Christopher P. Chetsas, 172 South Road, Kensington, who filed an application for appeal to the Zoning Board of Adjustment’s October 1, 2002 granting of a Special Exception to Wesley and James Rosencrantz.

 

Mr. Chetsas attended and recorded the meeting.  He explained that he was asking about procedure, as he believed two abutters were not send certified mail.  He also alleged that the minutes of September 8, 2002 were not available and he was not able to present evidence of the noise issue.  Mr. Rosencrantz had stated that a noise survey had not been done.  Mr. Chetsas said he has had to call the Police Department at night for noise issues.  He stressed that there had never been an issue until the business spilled over onto this lot that was granted a special exception.  He added that he felt the decision was rushed, the picture from 1966 did not show storage and that granting approval for a 14,000 sq. ft. building and three acres for storage was way beyond expansion.  He has had a clear shot of the field and it was not being used.  A realtor from Pat Kady Realty saw the house in 1996 and clearly stated that what is out there now is illegal since it is a residential lot with equipment on it which is not supposed to be.  He contended that the Board should have another hearing to show these issues. 

 

Dan Chaisson asked why the evidence wasn’t presented at the meeting.  Mr. Chetsas said he didn’t think the Board would approve the special exception.  K. Clark disagreed with Attorney LaPointe’s advice since she felt all the abutters were not properly noticed.  Chairman Skewes explained that the grandfathered issue did not factor in the decision.  A special exception is a different issue. 

 

Joan Skewes moved to grant a rehearing based on the fact that not all abutters were notified in the original application, seconded by K. Clark.  In a roll call vote, all voted in favor with the exception of Paul Kimball who abstained.  Discussion ensued with the resolve that since there will be new people, the Board will rehear the case including prior evidence.

 

Paul Kimball moved to adjourn at 8:30 pm, seconded by Dan Chaisson with all in favor.

 

Respectfully submitted,

 

 

Denise Gregson

Administrative Assistant