Town of Kensington

Zoning Board or Adjustment Minutes

March 1, 2005 Public Hearing/Meeting

Approved June 7, 2005

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

The public hearing was called to order at 7:35 p.m.

1) Application of Lewis Eaton, III and Stacey Sweet of 204 South Road, Kensington, NH, Map 2, Lot 16-7 for an Equitable Waiver of Dimension from provisions in RSA 674:33-a granting relief of a violation of setback requirements on an existing home built in 1986. Attorney Mary Ganz presented the application explaining that when the applicants purchased the home, the plot plan showed the home to be too close to the lot line. She said she feels they satisfy the criteria as the prior owner did not know of the setback issue, and it appears to be a good faith error.

Abutter Sarah Daley of 206 South Road asked if the waiver was to allow an additional structure. Attorney Ganz replied that it was only to satisfy the requirements of the mortgage company.

Chairman Parker read RSA 674:33-a, making particular note of paragraph II, which reads: “II. In lieu of the finding required by the board under subparagraphs I (a) and (b), the owner may demonstrate to the satisfaction of the board that the violation has existed for 10 years or more, and that no enforcement action, including written notice of violation, has been commenced against the violation during that time by the municipality or any person directly affected.” The Board members agreed that since this property dates from 1986 and no enforcement action has been commenced, the property qualified for an equitable waiver. John Andreasse moved to grant an equitable waiver from the requirement at 204 South Road, seconded by Eric Peterson with all in favor.

2) Application of John and Ruth Doyle for property at 60 Cottage Road, Kensington, NH, Map 8, Lot 41, for a Special Exception in accordance with Article 8.4 F for an In-Law Apartment. A septic design for 4 bedrooms plus an in-law apartment has been approved by the state. The check list was reviewed and found complete. No abutters were present. John Andreasse moved to approve the Special Exception for an In-law Apartment conditioned upon the Letter of Authorization being recorded at the Registry of Deeds, seconded by Eric Peterson with all in favor.

NEW BUSINESS:

Consultation for Felicia and Michael Motherway, 23 Muddy Pond Road, Kensington, NH, Map 5, Lot 29 to determine whether a Special Exception is required for a small Floral Business – Michael Motherway explained that his wife, Felicia, has been doing floral arrangements for some time and teaches classes locally. She plans to grow many of the plants and flowers herself, but may also need to purchase some from time to time. The current plans are for a small floral business using part of the barn as a workshop, but there won’t be any structural changes to the barn, no increased traffic as arrangements will be sold elsewhere, and no signs will be posted. The Board reviewed RSA 21:34a and determined this was a permitted, agricultural use. Dick Parker explained to Mr. Motherway that as he has represented the proposed use, the members have determined that no Special Exception or further action is needed by the Zoning Board of Adjustment.

Approval of January 4, 2005 minutes - John Andreasse moved to approve the minutes of January 4, 2005, seconded by Dick Parker with all in favor.

Adjournment - John Andreasse moved to adjourn at 8:55 pm, seconded by Eric Peterson with all in favor.

Respectfully submitted,

Denise Gregson

Administrative Assistant