Town of Kensington

Zoning Board or Adjustment Minutes

June 7, 2005 Public Hearing/Meeting

Approved September 6, 2005

Roll call: Chairman Richard Parker, Eric Peterson, Joan Skewes, John Ronan and alternate, John Andreasse filling in for Dan Chaisson.

1) Application of Joanne Ivarson, 2 Kimball Road, Kensington NH, M13, L12 requesting a Special Exception for Home Occupation Ch. 2, Art. 8.4 C for landscape design. Richard Parker, for the record, noted that his prior business, Parker Survey, had prepared the survey, but it was deemed not to represent a conflict of interest. Joanne explained that her business will involve a small 10’ x 10’ office and most work will be done at the clients’ homes, although occasionally a client might stop by for one reason or another. There will be no employees and she has no plans for signage at this time. Abutter, Marion Kimball, spoke in favor of the application; there were no other abutters present. The criteria was reviewed by the Board and Joan Skewes moved to approve the application of Joanne Ivarson for a Special Exception for Home Occupation for landscape design subject to Site Plan Review, seconded by John Andreasse with all in favor.

2) Application of Janet St. Lawrence, 1 Cottage Road, Kensington, NH, for an Area Variance to Ch. 2, Art. 8.3 C1 to build an in-ground pool 10’ from abutting property. Richard Parker, for the record, noted that his prior business, Parker Survey, had prepared the survey, but it was deemed not to represent a conflict of interest. Janet explained there was no other suitable place to put the pool because of ledge, leach field and elevation. She stated the stone wall marks the boundary of her lot. She said she will be fencing in the pool. No abutters were present and no objections have been received. The criteria was reviewed and Eric Peterson moved to approve the application of Janet St. Lawrence, of 1 Cottage Road, to build an in-ground pool 10’ from abutting property with the provision that the pool is surrounded by a fence, seconded by John Andreasse with all in favor.

3) Application of Boston North Holdings, LLC, 451 Andover Street, Suite 211, North Andover, MA for property owned by Katharina A. Britton, M16, L4, requesting an Area Variance to Ch. 2, Art. 8.5 C10 to build elderly housing units containing two floors; only a single floor is permitted. Ralph Caruso, one of the principals, Rob Martell, the architect, Peter Dow, land use consultant and Attorney Malcolm McNeill were in attendance, with Attorney McNeill presenting the application. He explained that it was unusual for a zoning ordinance to be limited by floors, not heights. Although they could put one unit on top of another, “pancake” them, they did not feel this would be aesthetically pleasing. He read from the Planning Board minutes of 12/21/99 regarding the intent of the zoning ordinance.

Rob Martel presented the three proposed designs, stating that all the designs comply with the Barrier Free Code. The initial kitchens and bathrooms are designed so they could be made wheelchair accessible in the future and a wheel chair lift could be added for the upper level. The designs are architecturally consistent to other homes in Kensington.

Attorney McNeill detailed each of the criteria necessary for meeting the requirements for an area variance. Eric Peterson asked if the architect was asked to design single floor units. Mr. Martell replied that it wasn’t feasible trying to maintain open space and avoid wetlands. Joan Skewes read from the 12/21/99 minutes that the intent was for downsizing to smaller, affordable, housing units. Attorney McNeill explained that of the 40.17 acres, 25.5 are upland, but would require a wetland crossing, thus they placed the units toward the front. Joan Skewes argued that the ordinance allowed a greater density with the intent to downsize. John Ronan read section B, #3, “A housing unit is an autonomous unit providing the necessary requirements for independent living, containing bedroom, bath, and kitchen facilities.” Attorney McNeill replied that the units comply as the lower floor contains all of that. The upper floor could serve others such as care givers, etc.

Abutters, Warren and Susan Hanson of Linden Street, Exeter spoke against the granting of a variance. Mr. Hanson stated that the designs are not compatible with the neighborhood as most are small, single family homes with space between them and stressed that if there was a 2 acre zoning requirement, there would not be 23 units. Mrs. Hanson repeated her objections about the provision of safety services adding that the second floor compounds liability in terms of services. Paul Kimball of Kimball Road, Kensington, said that he was on the committee that established the Elderly Housing zoning regulation. He explained that the committee visited many active adult homes and the intent was to have one floor for safety. For example, if a care taker were upstairs, they might not hear a cry for assistance. He argued that the project presented is not consistent with the intent.

The Board discussed the various aspects of the presentation and input from abutters. They agreed to discuss and vote on each criterion. Voting was three in favor, 1 opposed and 1 abstaining on all. John Ronan moved to approve the application of Boston North Holdings, LLC for request of an Area Variance to Ch. 2, Art. 8.5 C10 to build elderly housing units containing two floors, seconded by John Andreasse with three voting in favor, 1 opposed and 1 abstaining. Warren Hanson stated he intended to appeal the decision.

NEW BUSINESS:

Discussion of Court Hearings regarding Variances - The members agreed they had reviewed these adequately during the last hearing.

Approval of March 1, 2005 minutes - John Andreasse moved to accept the minutes of March 1, 2005, seconded by Joan Skewes with all in favor.

Adjournment - John Andreasse moved to adjourn at 10:58 pm, seconded by Eric Peterson with all in favor.

Respectfully submitted,

Denise Gregson

Administrative Assistant