Town of Kensington
Zoning Board of Adjustment Minutes
August 7, 2007 Public Hearing/Meeting
Approved September 4, 2007
Roll call: Chairman Richard Parker, Dan Chaisson, John Andreasse, Eric Peterson and Michael Schwotzer, alternate. Vice Chair Joan Skewes arrived at 7:37 pm.
Meeting was called to order at 7:30 pm.
Application of Kenneth Emmons, Jr. and Karen Fowler, 5 Juniper Lane, Kensington, NH, Tax Map 12, Lot 60, for an Appeal of their denial for Special Exception for Home Occupation for child care in accordance with Chapter 2, Art. 8.4C. Mr. Emmons and Ms. Fowler explained that they had spoken with their abutters and have submitted an agreement signed by the abutters who had objected limiting the number of unrelated children in their home to three per day, thus limiting the amount of traffic on Juniper Lane. Alternate, M. Schwotzer, who had filled in for this case for Joan Skewes, read the reasons for the June 5, 2007 denial: Art. 8.4A.3, excessive traffic; and 8.4C1d, adequate parking. The agreement with the abutters appeared to address both. M. Schwotzer moved to rehear the case of Kenneth Emmons, Jr. and Karen Fowler of 5 Juniper Lane due to the change requested and hear at the next meeting, seconded by John Andreasse with all in favor.
Application of Kevin McKenna, 5 Rose Petal Lane, Kensington, NH, Tax Map 8, Lot 56, for a Special Exception for an In-Law apartment in accordance with Chapter 2, Art. 8.4F. Member Joan Skewes joined the Board for this case and M. Schwotzer did not participate. Mr. McKenna presented his proposal detailing compliance with the requirements. Abutter Robert Fee, Jr. of 7 Rose Petal Lane spoke in favor of the application. No other abutters offered input. Following review of the checklist, Eric Peterson moved to approve the application of Kevin McKenna, 5 Rose Petal Lane for an in-law apartment, seconded by Dan Chaisson with all in favor. The Chair, Richard Parker, and Mr. McKenna signed the Letter of Authorization to be recorded at the Registry of Deeds.
Application filed by Attorney Peter H. Bronstein, on behalf of the Exeter Region Cooperative School District, for property at 204 North Haverhill Road, Tax Map 17, Lots 19 and 31 for an Area Variance from Chapter II, Article 8.3, B.2 of the Kensington Zoning Ordinance and Land Use Regulations to construct a single family home with a garage and barn on a 22 plus acre lot with 48.33 feet of frontage. Joan Skewes recused from this hearing and alternate, M. Schwotzer, joined the Board in her place. Attorney Peter Bronstein, Jonathan Ring of Jones and Beach Engineers, and Walter Pierce, Business Administrator for the Cooperative School District participated in presenting the application. Mr. Ring explained that the structures would be on lot 31 where there are 4 passing test pits. There is a log road, approximately 15 feet wide, that runs into and along the lot. Lot 19, which has the 48.33 feet of frontage, has a “no build” restriction. It was discussed that this lot might be considered for a conservation easement
Abutter, Lisa Brown, 202 N Haverhill Road expressed concerns regarding the line of sight for a driveway. A driveway was approved in 2000 for the ball fields but would need to be updated. Chairman Parker explained that the decision would fall under the state’s jurisdiction. Resident Donna Carter provided some history stating that there was a deed to Shaw in 1980 that provided for a 15 foot right-of-way and in 1981 Shaw purchased 32 more feet. Melanie McNamara said she was concerned with access to her land, which is located off the back portion of lot 31. Attorney Bronstein explained that since this portion of the lot is very wet, it would not provide suitable access. Resident, Joan Skewes, commented that she would love to see lot 19 in conservation. She added that if their proposal was approved they would need wetlands approval and would request that the Board require no further Variances or Special Exceptions be allowed or development. Attorney Bronstein said he did not anticipate any wetland problems and that they were willing to consider a conservation easement.
The Board members discussed the various parameters of the case agreeing that more information and clarification of existing conditions was needed. Dan Chaisson moved to continue the hearing to September 4, 2007 in order to gather more information. John Andreasse seconded the motion. M. Schwotzer moved to amend the motion and get a ruling from Town Counsel regarding lots of record prior to zoning. John Andreasse seconded as amended with all voting in favor.
Approval of June 5, 2007 minutes - John Andreasse moved to accept the minutes of June 5, 2007 as written, seconded by M. Schwotzer with all in favor.
Adjournment – John Andreasse moved to adjourn at 8:58 pm, seconded by M. Schwotzer with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant