Richard Parker moved to go into Executive Session at 7:31 pm for discussion with Town Counsel, seconded by Dan Chaisson. Skewes, Chaisson, Peterson, Parker and Motherway voted in favor. A brief review of procedures was discussed. Richard Parker moved to end Executive Session and proceed with the agenda, seconded by Dan Chaisson, with Skewes, Chaisson, Peterson, Parker and Motherway voting affirmatively. The public hearing began at 7:35 pm.
Continuation of the Application of James
Rosencrantz,
db/a Rosencrantz & Sons, Inc., South Road, Kensington, NH for a Special
Exception for commercial use in accordance with Article 8.4.A & B of the
Zoning Ordinance and Land Use Regulations.
The applicant is requesting to erect a building for use in the
applicants’ business, and other improvements, and to use the parcel of land for
outside parking and demonstration of equipment. Richard Parker recused as the applicant’s surveyor was a former
employee. This left only four voting
members and Attorney Scott LaPointe, counsel for the Rosencrantzes, requested
postponement for hearing before a full Board.
Attorney LaPointe also explained that due to scheduling and medical
issues, the applicants would not be able to meet with the Zoning Board of
Adjustment until March and requested a continuance* until that time. Eric Peterson moved to approve the
applicants’ request for continuance to March 2004, seconded by Michael
Motherway with all in favor.
*Please note: A continuance means that abutters do not need to be re-noticed by
certified mail. An agenda advertising
their application will be posted for March.
Application
of Elizabeth Elwy, 6 Wild Pasture Road, Kensington, NH, Map 6, Lot 37, for a Special
Exception in accordance with Article 8.4 F for an In-Law Apartment. Joan and James Webber presented the
application along with a letter of authorization. Mrs. Webber pointed out that the square footage on the
application was incorrect. The revised
figures are 3,000 sq. ft. for the home and 465 sq. ft for the apartment. Chairman Skewes read the pertinent Article
8.4F (August 4, 2003 Zoning Ordinance and Land Use Regulations edition), which
includes the recording of a letter authorizing the special exception with the following
provision: Upon the cessation of occupancy by an immediate family member, the
owner hereby acknowledges, and purchasers are put on notice, that the apartment
is to be used by immediate family members only and may not be occupied by
others. The fact of a second dwelling
unit having been constructed, with separate kitchen and bathroom facilities,
shall not be used as grounds for obtaining a variance to permit the apartment
to be rented to other than family members.
This was agreeable to the Webbers and a letter will be prepared. Approval is subject to the conditions listed
in Article 8.4 F, a through k. Michael
Motherway moved to accept the proposal as presented, seconded by Dan Chaisson
with all in favor.
Application
of Robert F. and Adele M. Fee for property at 7 Rose Petal Lane, Kensington, NH,
Map 8, Lot 57, currently owned by Somerset Realty Trust, for a Special
Exception in accordance with Article 8.4 F for an In-Law Apartment. Michael Motherway recused as he stated he is
an abutter. Adele Fee presented her
plans and a letter of authorization from Vincent Rizzo, the current owner,
explaining that she has not yet purchased the property and the purchase and
sales agreement is subject to tonight’s approval. She does not have septic approval yet as well, since she did not
want to spend the money if they were denied by the Board. The square footage of the home will be
3,944, and 1,285 for the apartment.
Abutter John Finn was present and stated that he had no issues with the
proposal. Chairman Skewes again read
the pertinent Article 8.4F (August 4, 2003 Zoning Ordinance and Land Use
Regulations edition) including the requirement for recording a letter with the
provisions as noted for the prior applicant.
Richard Parker requested that the state approved septic plan show the
parking areas required. Approval is
also subject to the conditions listed in Article 8.4 F, a through k. Richard Parker moved to approve the
application subject to compliance with sections A through K and applicant
providing an approved NH Department of Environmental Services septic design
including showing the in-law apartment and the required four parking
spaces. The motion was seconded by Dan
Chaisson with all in favor.
Approval of October 7, 2003 minutes – Michael Motherway moved to
approve the October 7, 2003 minutes, seconded by Eric Peterson with all in
favor.
Board members discussed preparing a standard letter
for recording in-law apartments at the Registry in accordance with the zoning
requirement. Denise will prepare a
draft for review at the next meeting.
Adjournment
Joan Skewes moved to adjourn
at 8:40 pm, seconded by Richard Parker with all in favor.
Respectfully
submitted,
Denise
Gregson
Administrative
Assistant