Town of Kensington

Zoning Board or Adjustment Minutes

November 2, 2004 Public Hearing/Meeting

Approved January 4, 2005

 

 

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

 

The meeting was called to order at 7:30 p.m.

 

Application of Pamela Jill Valente for a Special Exception in accordance with Article 8.4C of the Kensington Zoning Ordinance and Land Use Regulations for Home Occupation for tax preparation and planning, and financial and accounting services for property at 159 South Road, Kensington, NH, Map 4, Lot 17-3.  Pamela Valente, accompanied by Ron Ouellet, explained that the business would occupy 15% of the dwelling and is her primary source of income.  Hours of operation are typically 9:00 am to 4:00 pm, but can occasionally run until 9:00 pm during her busy season, which is generally from January through April 15th. Traffic during the busy season can average two clients a day, but otherwise it might be three a month.  John Andreasse clarified that the businesses advertised on the sign are the same, even though advertised with different phone numbers.  Dick Parker clarified that deliveries are minimal, including some books, and may be delivered on average once a month.  Chapter 2, page 21, regarding employees was reviewed and Ms. Valente stated there are no employees working at the site, but during the busy season she may contract with a few field agents. 

      John Andreasse explained that the current sign is not consistent with zoning requirements and Ms. Valente replied that it would be no problem to reduce the size.  Dan Chaisson explained that Home Occupation is intended to be incidental to the residence with the intent to keep it low key.  Eric Peterson asked about parking and Pamela stated she had adequate parking.  Dick Parker explained that parking would need to be shown to the satisfaction of the Planning Board.

      Abutter Ralph Lampman stated that the light is on sign 24 hours a day and there is a separate building where business is conducted.  Ms. Valente explained that the second building, which was there when she purchased the property, is a studio where she and her son conduct research and is not living quarters, as it has no water or bathroom.  She said she conducts business in the 10’ x 10’office in her house.  Mr. Lampman made other allegations of building zoning violations, but the Board referred him to the Board of Selectmen for these issues.  Ms. Valente explained that she has the sign and driveway lit because she feels the driveway is dangerous and wants people to be able to see.  She added that she sometimes misses the driveway herself and stressed that she felt for safety purposes the driveway must be lit.  Dan Chaisson explained that she can’t have a spot light on the sign and John Andreasse explained that there is a difference in light reflection between a spot light and a lamp post.  The Board reviewed lighting requirements as listed in Chapter 4, page 6.  Dick Parker explained to Mr. Lampman that it is not against the zoning to have a light and suggested a downward light and a lamp post.

  Dan Chaisson commented on Mr. Lampman’s assertion that the clients go into studio.  He explained to Pamela Valente that the clients must go to the house, not the studio, based on the application.  Joan Skewes added that if the business were to be conducted in the studio, then it would be classified as commercial and would require different criteria and a different hearing.  Ms. Valente agreed that if clients find her in the studio, she will move into the 10 x 10 office in the house to conduct business.   

      Dan Chaisson moved to approve the application for Special Exception with the following conditions:

1.       No onsite employees – sole proprietorship.

2.       Business must be conducted in the 10 x 10 office in the house as proposed.

3.       Indirect lighting consistent with Site Plan Review requirements.

4.       No more than 20 client cars per week.

5.       Hours restricted as 8:00 am to 9:00 pm Monday through Saturday.

6.       Parking to be defined at Site Plan Review.

7.       Site Plan Review by the Planning Board required.

 

BOARD BUSINESS:

Review of By-Laws/Rules of Procedure – The Board reviewed the original by-laws of 1994, and Eric Peterson moved to accept the by-laws as written, seconded by Joan Skewes with all in favor.

 

Review legal changes regarding variances – area and use – The Local Government Center has issued a Land Use Law Update.  Variances will now be divided into “area” or “use” with somewhat different criteria required for approval.  The changes will be made to the applications.

 

Approval of September 7, 2004 minutes

John Andreasse moved to accept the minutes of September 7, 2004 as written, seconded by Eric Peterson with all in favor.

 

Dan Chaisson moved to adjourn at 9:00 pm, seconded by John Andreasse with all in favor.

 

Respectfully submitted,

 

 

 

Denise Gregson

Administrative Assistant