Town of
Zoning Board of Adjustment Minutes
August 3, 2010 Public Hearing/Meeting
APPROVED- MAY 3, 2011
Roll call: Richard Parker Chairman, Joan Skewes, Dan Chaisson and alternate Mike Schwotzer filling in for John Andreasse. Meeting was called to order at 7:30 pm. No residents attended
Dick Parker read from the agenda: The Planning Board has requested to meet with the Zoning Board of Adjustment regarding the intent of a condition placed on the approval of Amy Mastronardi, 118 South Road, Kensington, NH, Map 4, Lot 38-4, for a Special Exception in accordance with Article 8.4 C of the Kensington Zoning Ordinance and Land Use Regulations for Home Occupation for a baking business:
4) Site Plan Review application to be filed/approved within six months of December 1, 2009 or special exception is null and void.
M. Schwotzer detailed that at the December 2009 Zoning Board of Adjustment meeting, the Board approved this application for Special Exception for Home Occupation with six conditions. Condition # 4 was - Site Plan Review application to be filed / approved within six months of December 1, 2009 or special exception is null and void. The applicants filed within the six months with the Planning Board but have not received approval. The Planning Board members are questioning whether they can hear the Site Plan Review since the condition of approval was not met. Mike added that Dylan Smith of the Rockingham Planning Commission stated that in his opinion the condition of approval might not be legal. The Planning Board has continued the public hearing to clarify the intent of this Zoning Board condition.
Dick Parker agreed the time frame was too tight regarding approval since approvals can in some instances be lengthy when applicants are awaiting approvals from other agencies, i.e., the state. Dan Chaisson questioned whether the application could drag on forever if a time frame was not imposed. M. Schwotzer explained that once the applicant filed for Site Plan Review with the Planning Board, approval would either be forthcoming in a timely manner or the application would be denied. The applicants would then have to return to the Zoning Board of Adjustment to start over.
All present agreed that a reasonable interpretation of the condition was that the applicants file within the time frame and process through the Planning Board for approval. M. Schwotzer moved that the Zoning Board of Adjustment conditional approval on the Home Occupation for Mastronardi and Neunaber be interpreted that the filing of the Site Plan Review application meets condition # 4 with the approval process to follow through the Planning Board, seconded by Dan Chaisson with all in favor.
Approval of July 6, 2010 minutes: Joan Skewes asked to have the word impossible changed to difficult. Board members agreed as that was what they believe was presented; access would require turning but could be done. M. Schwotzer moved to approve the minutes as amended, seconded by Dick Parker with all in favor.
Adjournment – Dan Chaisson moved to adjourn at 7:50 pm, seconded by M. Schwotzer with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant