Town of Kensington

Zoning Board of Adjustment Minutes

July 6, 2010 Public Hearing/Meeting

Amended and approved August 3, 2010

Roll call:  Richard Parker Chairman, John Andreasse, and alternate Mike Schwotzer filling in for Dan Chaisson.  Joan Skewes arrived just as the meeting started.

Meeting was called to order at 7:30 pm. 

Approval of December 1, 2009 minutes:  M. Schwotzer asked to amend the minutes by adding the words “to be” to section 2) on the second page so it reads “septic to be acquired”.  M. Schwotzer moved to approve the minutes as amended, seconded by Joan Skewes with all in favor.

Approval of January 5, 2010 minutes:

M. Schwotzer moved to accept the minutes as presented, seconded by Joan Skewes with all in favor.

Gregory Lefebvre - 4 Weare Road, Kensington, NH, for a Variance from the Zoning Ordinance and Land Use Regulations, Chapter II, Article 8.3 C1.  The applicant is requesting to build a garage with a setback of 15 feet from abutting property at 6 Weare Road.  The zoning requirement is 25 feet, thus the variance request is for 10 feet.

      Chairman Parker explained to the applicants that they could request a full board of five members and postpone the hearing until that time.  The applicants declined.

      Greg Lefebvre and his father-in-law Jim presented the application, explaining positioning the garage closer to the lot line would allow for a straighter driveway to the garage.  If built behind the house it would be difficult to drive into.  They also stated the current driveway is partly on their neighbor’s property.  A certified plot plan was not done, thus they hired a surveyor to mark the correct lot line.  Joseph Fitzgerald, the abutter at 6 Weare Road, participated in the discussion.  He expressed concerns regarding what the design and overall dimensions are for the garage.  The Board explained that this does not fall under their jurisdiction.  Mr. Lefebvre explained they planned to build a two bay garage with a footprint of 24’ x 22’ with a storage area above.  The property currently has a three bay garage as well.  Mr. Fitzgerald also stated he was uncomfortable with where the lot line markers are now.

      Board members expressed concerns about determining exactly where the correct lot line is.  Greg and Jim replied that although it’s been marked by the surveyor they did not get a plot plan and did not feel they should need to when one was not required for a building permit.  John Andreasse reported receiving a call from abutters regarding setting precedence.  Joan Skewes explained that the granting of a variance requires meeting legal criteria.  Members agreed to review at this time to see what information might be needed if this case was continued.

      Review resulted in the Board agreeing that not enough information was presented to make a decision for any of the first four criteria.  M. Schwotzer then read from the “New Variance Law” handout regarding unnecessary hardship. He then stated that no evidence had been presented showing that any special conditions existed on the lot in question. Additionally, the structure in question could be located on the lot in conformance with the ordinance but not exactly where the applicant desires it. M. Schwotzer moved to deny the application of Gregory Lefebvre, 4 Weare Road, for a variance from Chapter II, Article 8.3 C1 as the applicant did not meet the criteria of hardship as discussed earlier, seconded by Dick Parker.  Parker, Schwotzer and Skewes voted in favor and Andreasse abstained.  The motion carried.

Adjournment – M. Schwotzer moved to adjourn at 8:54 pm, seconded by John Andreasse with all in favor.

Respectfully submitted,

Denise Gregson

Administrative Assistant