Town of Kensington
Zoning Board of Adjustment Minutes
February 6, 2007 Public Hearing/Meeting
Approved March 6, 2007
Roll call: Vice Chair Joan Skewes, John Andreasse, and Michael Schwotzer, alternate
Meeting was called to order at 7:30 pm.
James R. Rosencrantz, d.b.a. Rosencrantz & Sons, Inc., 184 South Road, Kensington, NH, Map 2, Lot 2, for an Area Variance from the Zoning Ordinance and Land use Regulations, Chapter II, Article 8.4, section B4. The applicant is requesting to erect a larger sign than allowed (12 sq. ft.). Present were James and Kevin Rosencrantz. Ms. Skewes asked the applicants if they wanted to proceed with only the three present members or wait for a full board at a later meeting. The reason for the question was that with only three members present, a unanimous vote would be required for any motions of the Board. The Rosencrantzes stated that they would proceed and understood the risk.
James Rosencrantz presented a plan regarding a sign change which was being required by the John Deere Company. Their current sign is 30 sq. ft. in area and 15 feet tall, which is non-conforming. The proposed sign would be 64 sq. ft. in area and 20 feet tall (shown as “C” on the supplied information sheet). They also explained that it would be lit internally with less light emitting from the new sign. The electricity will be supplied via an underground feed versus the current overhead wire arrangement.
After checking if there were any questions from the audience, the Board reviewed / discussed the criteria required to grant a variance. All criteria were passed and so J. Andreasse made a motion to grant the variance requested with the following conditions: 1) Installation of the new sign to be completed by July 1, 2007 2) Before commencing work, the proper Building and Electrical Permits will be requested of and issued by the Board of Selectmen and 3) failure to meet the first two conditions will result in this variance being null and void. The motion was seconded by M. Schwotzer with all in favor.
The Rosencrantzes were counseled to return to the Board for a possible extension of time if condition 1 was in jeopardy of not being met.
John and Nicolina Finn, 14 Rose Petal Lane, Kensington, NH, for a Special Exception for an In-Law Apartment for property located at 6 Rose Petal Lane, Map 5, Lot 35-6, in accordance with the Zoning Ordinance and Land Use Regulation, Chapter II, Article 8.4, section F. Ms. Skewes asked Mr. Finn if he wanted to proceed with only the three present members or wait for a full board at a later meeting. The reason for the question was that with only three members present, a unanimous vote would be required for any motions of the Board. Mr. Finn asked to proceed and understood the risk.
Mr. Finn presented plans of the proposed new dwelling which showed the in-law apartment being over the garage. The 11 conditions for an in-law apartment were read and reviewed, especially number 5 which requires an immediate family member as the tenant. Mr. Finn explained that his father, Albert Finn, was the intended family member. The parking requirement (condition 9) was reviewed and adequate area was available for the two freely accessible spots.
Finding that the 11 conditions could be met by the applicant, J. Andreasse made a motion to grant the Special Exception for an In-Law Apartment with the condition that any violation of the 11 conditions listed in the Zoning Ordinance would result in a revocation of the Certificate of Occupancy on said property. The motion was seconded by M. Schwotzer. The applicant said the conditions were acceptable. All of the Board members voted in favor of the motion.
Approval of July 5 and August 29, 2006 minutes – After discussing that the three members present were also present at the July and August meetings, John Andreasse moved to accept the July 5, 2006 and the August 29, 2006 Public Hearing minutes as proposed, seconded by M. Schwotzer with all in favor.
Adjournment – John Andreasse moved to adjourn at 8:20 pm, seconded by M. Schwotzer with all in favor.
Respectfully submitted,
Michael A. Schwotzer
Zoning Board of Adjustment Alternate