Town of Kensington

Zoning Board of Adjustment Minutes

January 5, 2010 Public Hearing/Meeting

Approved July 6, 2010

Roll call:  Dan Chaisson, Acting Chairman, John Andreasse, Eric Peterson and alternates Mike Schwotzer and Eliot Fixler filling in for Dick Parker and Joan Skewes.

Meeting was called to order at 7:30 pm. 

Dan Chaisson read the following from the agenda:

Continuation of the application for Appeal from an Administrative Decision for James R. Rosencrantz Jr. and Ruth Ann Rosencrantz, d/b/a Rosencrantz & Sons Inc., 184 South Road, Kensington, NH, Map 2, Lot 2.  The Board of Selectmen issued a letter dated October 8, 2009 requiring them to return to the Zoning Board of Adjustment to request an amendment or modification since all conditions of their previous approval were deemed not to have been met.  The application is to appeal the Selectmen’s decision. 

      Board members reviewed the history regarding the approval granted April 6, 2004.  The application had been, “To erect a building for use in applicants’ business, and other improvements as shown on attached plan, and to use parcel of land for outside parking and demonstration of equipment.”  It was noted that the erection of the building was to reduce the noise issue.

      Attorney Scott LaPointe presented their case accompanied by James and Kevin Rosencrantz.  Attorney LaPointe emphasized that since no time table was established the Rosencrantz never interpreted that they had to act on the conditions and that the building was not a stated condition.  Jim explained that the berm was built significantly larger than originally planned, evergreens have been planted, the fence erected and all buildings insulated.  When they presented the plan to the board, they were operating at night and using a skid steer.  They no longer operate at night and part of their equipment goes to their Derry location, thus the level of activity has been reduced below the level at the time of the original application.  Today they store delivery trailers, hand trucks and other business equipment on the business lot.  Old/antique tractors that are owned by Jim Rosencrantz are stored on his personal property.  All business equipment is within the fenced area. Due to the economy, they cannot afford to erect the building at this time.

      Attorney John Masse presented his clients’ issues, accompanied by Mr. & Mrs. Chetsas.  Mr. Chetsas stated that he bought his property in 1996, but noise became an issue in 2001 when the business began expanding.  The building was supposed to rectify this.  In April of 2009 the noise issue continued as well as debris.  They met with the Selectmen and after several meetings the Selectmen voted to have the Rosencrantz’ return to the Zoning Board of Adjustment to request a modification or amendment to the original approval.  Attorney Masse said the issue they have is if the Rosencrantz do not erect the building how they will address the noise problem.    Mr. Chetsas said the berm doesn’t stop the noise as the sound bounces off the trees and feels that the building would help with both the noise and the debris issue.

      Attorney LaPointe countered that he filed an Administrative Appeal because for the Selectmen to require the building implies that there was a time limit and he questioned if the building was a stated condition for the Selectmen to enforce. 

      M. Schwotzer summarized stating the noise issue was still a problem.  The Board considered whether the Selectmen have the authority and agreed that they are the enforcing body.  It was also acknowledged that there was no stated time frame.  John Andreasse moved to deny the Application for Appeal of an Administrative Decision contained in the Board of Selectmen’s October 8, 2009 letter on the grounds that the conditions as put forth in the original approval of April 2004 have not been met and the Zoning Board of Adjustment supports the enforcement decision of the Board of Selectmen, seconded by M. Schwotzer.  Four voted in favor with Eliot Fixler voting opposed.

Approval of December 1, 2009 minutes:

John Andreasse moved to postpone approval of the minutes, seconded by M. Schwotzer with all in favor.

A document highlighting the change in law regarding variances, effective January 1, 2010, was distributed to members.

Adjournment – John Andreasse moved to adjourn at 8:50 pm, seconded by M. Schwotzer with all in favor.

Respectfully submitted,

Denise Gregson

Administrative Assistant