Town of Kensington

Zoning Board or Adjustment Minutes

September 7, 2004 Public Hearing/Meeting

Approved November 2, 2004

Roll call: Chairman Richard Parker, Joan Skewes, Daniel Chaisson, John Ronan, Eric Peterson, and alternate, John Andreasse

The meeting was called to order at 7:05 p.m.

Application of David Buxton, for a variance from the frontage requirements of 200’ in Article 8.3, Section B2, of the Zoning Ordinance and Land Use Regulations, on the commercial lot located at 66 Osgood Road and owned by David and William Buxton, Map 12, Lot 45B-4. D. Buxton explained that the original plan in 1988 was for 10 acres to be taken from the larger parcel. Two lots were created with 150 feet of frontage, but the third lot retained the 400’ strip of land for a commercial special exception. He is now requesting to have the frontage on this third lot reduced to the original intent of 150’ with the 400’ strip to go with the remaining Buxton Family Realty Trust land and giving up the commercial special exception.

Abutter, Alex Raslavicus, spoke in opposition to the proposal, stating he purchased his property across the street because there were barriers to building and expressed concerns that the 400’ strip might allow the Ricci land owner(s) to put in a development at some point. It was pointed out that they already own frontage on Drinkwater Road. Stan Buxton, of the Buxton Realty Trust, questioned whether the hardship was with the owner or the property; the Board replied that it would be with the owner in this case.

The Board reviewed the criteria for approval for a variance and agreed that the proposal did not meet the hardship test. Joan Skewes moved to deny the application for variance from the frontage requirements, as it did not meet the criteria, seconded by Dan Chaisson with all in favor.

Consultation – James Gould and Andrew Whitby - to discuss two residences on one property or an in-law apartment in the detached barn at 271 North Haverhill Road. Barn currently has a preservation easement. Mr. Gould explained that his son-in-law’s, Andrew Whitby, main objective would be to build an in-law apartment. Drawings were presented showing a proposed second story attachment between the buildings. The zoning regulations regarding in-law-apartments were reviewed. No decisions were made at this time.

BOARD BUSINESS:

Review of By-Laws/Rules of Procedure – The Board members will review the original by-laws of 1994, determine if any amendments need to be made, and review at their next meeting.

Approval of June 1, 2004 minutes – John Ronan moved to accept the minutes as written, seconded by Eric Peterson with all in favor.

Dan Chaisson moved to adjourn at 8:50 pm, seconded by John Ronan with all in favor.

Respectfully submitted,

Denise Gregson

Administrative Assistant