Application of Catherine Marchais and Stephen Erickson for
property at 108 Stumpfield Road, Kensington, NH, Map 7, Lot 3, currently owned
by Steve Newman and Ellen Brownson for a special exception in accordance with
Article 8.4 C for home occupation. Applicant
is requesting approval for wholesale baking of French pastries and cakes.
The owners submitted a letter of authorization and the applicants presented their requests. Abutter Steve Carbone, 110 Stumpfield Road, expressed concerns regarding weight limits on Stumpfield Road. The applicants stated that they will find a company that will honor the weight limits or they will pick up the flour by themselves. Another resident expressed concerns with values because of business in a residential area. The applicants explained that there would be no visible sign of the business outside the home. The Board concluded that the application as presented meets the criteria.
Dick Parker moved to approved the application of Steve Newman and Ellen Brownson contingent upon meeting all applicable town regulations, including but not limited to the following:
A.
Meet
all regulations regarding 1) weight limits, 2) septic system and state
licensure to operate a food business.
B.
No
signage.
C.
Wholesale
only, food products to be delivered offsite.
D.
On
condition of anticipated closing for purchasers and current property owners.
E.
Site
Plan Review by the Planning Board.
The motion was seconded by Michael Motherway with
all members voting in favor.
Application of Dover Realty Trust for
property at 8 Hoosac Road, Kensington, NH, Map 11, Lot 40-3, currently owned by
Andover Builders NH-LLC for a Special Exception in accordance with Article 8.4
F. Applicant is requesting approval for
an In-Law apartment.
Joseph Savartasie, now owner of the property, presented the application. The information as presented met the criteria. John Andreasse moved that the Special Exception be granted based on the applicant meeting the conditions of an in-law apartment, including proof of filing with the registry, seconded by Michael Motherway. Mr. Savartasie stated that the filing requirement would be incorporated into the deed and presented to the Town Office before issuance of a certificate of occupancy.
Application of Gary Denson for property at Map 16, Lot 4, with property addresses listed as Linden Rear, Kensington, NH and 142 Powder Mill Road, Exeter, NH, currently owned by Katharina Britton, 142 Powder Mill Road, Exeter, NH. The applicant is requesting variances from the Kensington Zoning Ordinance and Land Use Regulations, Chapter II, Article 8.5, Housing for the Elderly: 1) Section B.1 to allow persons 55 years of age or older – current regulations are for age 62 years of age and older and 2) Section C.6 to allow 60 bedroom units – current regulations are for a maximum of 45 bedrooms.
Richard Parker addressed the fact that Attorney Pelech had represented one of his children but he did not feel he needed to recuse, as there was no conflict of interest. Attorney Bernard Pelech concurred.
Attorney Pelech reviewed the five criteria for the requested variances, which he said the application appears to meet. He stated that they want each of the thirty units to have two bedrooms for several reasons including accommodating a possible care giver, potential visitors and marketability. He added that the current restriction appears to be conflicting, although the intent appears clear. With regard to the restriction on age, he said this appeared to be a hardship as it interferes with the reasonable use of the property.
Gary Denson reviewed the site plan details, which include nineteen acres for the elderly housing complex with fifteen acres in Kensington. Per Department of Environmental Services regulations, there will be one well and one septic system for each of the eight buildings. Richard Parker commented that Kensington would have to provide service, thus the road would need to be built to Town specifications.
Public comments included the following. Paul Kimball of Kensington commented that he had concerns that the leach fields will impact the underlying aquifer. Susan Hanson of Exeter stated that the Brittons had told her they were to have created a wildlife refuge, and she is now concerned with increased traffic, light pollution and also the impact on the aquifer. Donna Carter added that at fifty-five years of age, 20% could be under Federal regulations and said she would provide a copy of the regulations. Warren Hanson of Exeter said he was concerned with site distance as the Britton’s driveway is dangerous and overcrowding of the site. He added that he did not feel the plan represented a hardship. Public comments were closed at this time.
Joan Skewes expressed concerns with lowering the age, but said she felt the two bedrooms made sense. John Andreasse said he sees a benefit to the tax base. Richard Parker added that he is in favor of elderly housing and personally likes the concept of two bedrooms, but questioned if it is in violation of the intent. Attorney Pelech said he hasn’t seen other town ordinances limiting some of the units to one bedroom.
Paul Kimball said that he knew at least two of the members who worked on the ordinance, with Elaine Kaczmarek being the head person. He suggested she might have notes. Joan Skewes said she felt the Board needed clarification regarding the intent of the ordinance. At the request of the applicants, Richard Parker moved to continue the hearing to September 16, 2003, conditioned upon the members of the original ordinance being able to attend and provide information regarding the intent. If not, then continue the hearing to the regularly scheduled time of October 7, 2003. Seconded by John Andreasse with all in favor. It was explained that it would be posted to the website if the meeting of September 16th could not be scheduled.
Board business – Upcoming workshop information was discussed and distributed to members.
Approval of July 1, and August 5, 2003 minutes – John Andreasse moved to approved the minutes, seconded by Michael Motherway with Joan Skewes, Michael Motherway and John Andreasse voting in favor. Richard Parker abstained.
Adjournment – John Andreasse moved to adjourn at 9:47 pm, seconded by Michael Motherway with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant