Town of Kensington
Zoning Board of Adjustment Minutes
September 4, 2007 Public Hearing/Meeting
Approved November 5, 2008
Roll call: Chairman Richard Parker, Vice Chair Joan Skewes, Dan Chaisson, John Andreasse, Eric Peterson and Michael Schwotzer, alternate.
Meeting was called to order at 7:30 pm. John Andreasse moved to change the agenda to deal with the Emmons/Fowler application first. The motion was seconded with all in favor. M. Schwotzer did not participate as a voting member for this application.
Application of Kenneth Emmons, Jr. and Karen Fowler, 5 Juniper Lane, Kensington, NH, Tax Map 12, Lot 60, for an Appeal of the 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, meaning not their own, in their home to three per day, thus limiting the amount of traffic, which had been the major concern. Hours will be 7:30 am to 5:30 pm and the applicants will be limited to a maximum of three drop offs and three pickups per day. Joan Skewes moved to approve the application for Home Occupation for day care with the conditions as discussed, seconded by John Andreasse with all in favor. A Site Plan Review is to be completed within 60 days of this approval.
Continuation of the 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, were present. Attorney Bronstein presented some history, stating that lot 31 dates from 1867, thus predates zoning, and has had a 15’ right-of-way. In 1981 a plan showed a right-of-way of 32.9 with the 48.33’ showing on a plan of 1986.
Abutter, Lisa Brown, 202 N Haverhill Road, reiterated her concerns of the last meeting. Resident Joan Skewes added that if the proposal is approved, the Board should require structures to be restricted to the footprint of lot 31, not allow any further variances for lot development, and require manure storage to be maintained in accordance with Best Management Practices.
M. Schwotzer summarized that lot 31 predates zoning and meets all other requirements except frontage, but it has legal access. Eric Peterson commented that since it’s a lot of record, a variance is not needed. M. Schwotzer replied that if the lots are merged, a variance will be needed. Jon Ring confirmed that all setbacks can be met as lot 31 currently exists and he and Attorney Bronstein affirmed that the house and other structures are to be built on lot 31. A ten acre conservation easement of lot 19 is proposed.
M. Schwotzer stated that they are following Town Counsel’s interpretation of Metzger v. Brentwood, 115 N.H. 287 (1975), in which his firm represented Mr. Metzger, who owned a lot which was certainly large enough and had plenty of buildable land, but which did not have the minimum frontage required in Brentwood at the time, but did have adequate frontage for access as a practical matter. Since there is case precedence, M. Schwotzer moved to grant the variance requested on behalf of the Exeter Regional School District under Chapter II, Section 8.3, B2 to construct a single family home and barn on the thirteen acre lot, known currently as Map 17, Lot 31, and that all structures be restricted to being built within the current boundaries of that lot. Additionally, conditions will be the creation and conveyance of a 10 acre Conservation Easement on the lot known as Map 17, lot 19. All permits, including but not limited, to driveway, wetlands, and septic must be obtained before a building permit and lot line merger be received as soon as possible. Dan Chaisson seconded the motion and moved to amend it by adding the conditions that no further variances will be permitted for lot development and manure storage on site be maintained in accordance with Best Management Practices. M. Schwotzer seconded the motion with all voting in favor. The variance checklist was reviewed with all members agreeing to reference Attorney Bronstein’s submittal.
Conrad Delisio – Consultation – Mr. Delisio was not in attendance. A certified letter, return receipt, had been mailed notifying him of the meeting date and time.
Approval of August 7, 2007 minutes - John Andreasse moved to accept the minutes of August 7, 2007 as written, seconded by Dan Chaisson with all in favor.
Adjournment – John Andreasse moved to adjourn at 8:40 pm, seconded by Dan Chaisson with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant