Kensington ZBA denies setback variance for large shed at 59 Stumpfield Road

The Kensington Zoning Board of Adjustment voted 3-0 on April 7 to deny a request by Kevin Davis for a 9-foot side-setback variance to allow a 13'6" x 30' shed at 59 Stumpfield Road.

Neighbors told the board the shed violates setback rules and harms neighborhood character. "The shed should be 25' from the property line — no exceptions," said Peter Fournier of 57 Stumpfield Road. Brenda Meehan of 1 Whipple Way told the board the structure reduced her property's value and said residents should follow town ordinances.

Applicant Kevin Davis said the shed was placed in November 2024 and that the property owners have invested more than $250,000 in the home. Jennifer Davis, speaking for the applicants, said the backyard contains a leach field, septic system and well and is too wet to site the large shed there; she estimated the cost to move the shed to the front of the property would be "a couple of thousand dollars." David Meehan raised a concern about an unregistered vehicle on the property; the board accepted two photographs showing the shed and the property line.

Board members considered the five statutory variance criteria individually. They voted that granting the variance would be contrary to the public interest and that the spirit of the ordinance was not observed (motion passed 3-0). The board also found the applicant had not shown that substantial justice would be done by granting a variance (3-0). On the question of whether surrounding property values would be diminished, the board voted that the applicant had not demonstrated they would not be diminished; the minutes record that motion passing 2-1 (the minutes do not record individual yes/no votes). Finally, the board determined literal enforcement of the ordinance would not result in an unnecessary hardship because the shed could be moved closer to the driveway, though the cost of moving the shed was not verified; that motion passed 3-0.

Following the votes on the criteria, the board moved to deny the variance application as submitted (motion by Member Joan Skewes, seconded by Member Janet Bunnell). Chair Aaron Fenton said a Notice of Decision will be issued within one week and reminded attendees that any person impacted by the decision has a right to appeal within 30 days.

The hearing included procedural motions to recess and reconvene while the board attempted to reach a fourth member; after a 20-minute recess the applicant elected to proceed with a three-member board. The meeting adjourned at 8:56 p.m.

The application was decided on the record; the minutes state the denial applies to the plan submitted. The Notice of Decision will provide the formal basis and timelines for appeal.