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Decision notices posted at this web site have not been checked for consistency with the printed decision notices that are available in the Wilton Town Offices. If you need the definitive text of a decision, please obtain the printed notice from the town offices.

Case 5/9/06–2

Tuesday, May 9, 2006 — Notice

K. M. Zahn and Sons (applicant) and Harold E. Kennedy (owner) have applied for variances to Sections 4.1, 6.1, 9B.2, 9B.6.1, and 9B.6.2 of the Wilton Zoning Ordinance to permit the removal of gravel from Lot F–3, 536 Isaac Frye Highway. The requested variances would permit the excavation of gravel in a district where that is not a permitted use, would reduce the setbacks required by the ordinance, and would allow the excavated material to be removed by way of Isaac Frye Highway.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the Wilton Town Hall Courtroom on Tuesday, May 9, 2006 at 7:30 p.m.

The application for this case, and any other documents submitted with it, are available for inspection in the Wilton Town Offices.

Tuesday, May 9, 2006 — Continuation

The hearing on the application by K. M. Zahn and Sons (applicant) and Harold E. Kennedy (owner) for variances to Sections 9B.6.1 and 9B.6.2 of the Wilton Zoning Ordinance has been continued to the June 13 meeting of the Board. If granted, the variances would permit the removal of gravel from Lot F–3, 536 Isaac Frye Highway. The requested variances are necessary for the proposed use because the lot is not in the district in which gravel excavation is permitted, and the proposed excavation would not satisfy the setback and buffer requirements of the ordinance. The applicant was also advised that the application should be resubmitted to request a variance to Section 9B.2 of the Ordinance as well as sections 9B.6.1 and 9B.6.2.

Minutes of the hearing.

Sunday, June 11, 2006 — Site Visit

Notice is hereby given that the Town of Wilton Zoning Board of Adjustment will meet on Sunday, June 11, 2006 at 10:00 a.m. at Lot F–3, 536 Isaac Frye Highway, to hold a site visit for Case #5/9/06–2, the application of K.M. Zahn and Sons (applicant) and Harold E. Kennedy (owner) to remove gravel from the property.

The site visit is a meeting of the Board, and is open to the public. Its purpose is to assist the Board members and other interested parties to become familiar with the property involved in the application. Board members and other interested parties may, through the Board chairperson, ask questions about, and the applicant may point out, site details pertaining to the application, such as boundaries, contours, proposed buffers, driveways, etc. No other testimony will be taken, and no other discussion should occur.

Tuesday, June 13, 2006 — Continuation

The hearing on the application by K. M. Zahn and Sons (applicant) and Harold E. Kennedy (owner) for variances to Sections 4.1, 6.1, 9B.2, 9B.6.1, and 9B.6.2 of the Wilton Zoning Ordinance has been continued to the Monday, June 19 meeting of the Zoning Board. If granted, the variances would permit the removal of gravel from Lot F–3, 536 Isaac Frye Highway. The requested variances are necessary for the proposed use because the lot is not in the district in which gravel excavation is permitted, and the proposed excavation would not satisfy the setback and buffer requirements of the ordinance.

The Board intends to hear testimony and arguments in the case from 7:30 to 9:00 p.m., and then to close the public hearing on the application. Depending on the other cases to be heard that evening, the Board may conduct deliberations on the case later in the meeting, or at a subsequent meeting.

Minutes of the hearing.

Monday, June 19, 2006 — Continuation

The hearing on the application by K. M. Zahn and Sons (applicant) and Harold E. Kennedy (owner) for variances to Sections 4.1, 6.1, 9B.2, 9B.6.1, and 9B.6.2 of the Wilton Zoning Ordinance has been continued to the Monday, June 26 meeting of the Zoning Board. If granted, the variances would permit the removal of gravel from Lot F–3, 536 Isaac Frye Highway. The requested variances are necessary for the proposed use because the lot is not in the district in which gravel excavation is permitted, and the proposed excavation would not satisfy the setback and buffer requirements of the ordinance.

Minutes of the hearing.

Monday, June 26, 2006 — Continuation

The application by K. M. Zahn and Sons (applicant) and Harold E. Kennedy (owner) for a USE variance to Section 4.1 of the Wilton Zoning Ordinance was denied on June 26, 2006 by a 3 to 1 vote. If granted, the variance to Section 4.1 would have permitted the removal of gravel from Lot F–3, 536 Isaac Frye Highway, a lot that is not in the district in which gravel excavation is permitted. Since the USE variance has been denied, the Board found that the variances that are subordinate to it, Sections 6.1, 9B.2, 9B.6.1, and 9B.6.2, are moot.

In the motion to deny the variance for Section 4.1, The Zoning Board cited:

This case is continued to Tuesday, July 11, 2006 at 7:30 PM in the Town Hall Courtroom when the Zoning Board will adopt Findings of Fact / Statement of Reasons for denial of the variance requests and issue a Final Notice of Decision in this matter.

Minutes of the hearing.

Tuesday, July 11, 2006 — Continuation

The Zoning Board’s meeting to adopt Findings of Fact / Statement of Reasons for denial of the variance requests by K. M. Zahn and Sons (applicant) and Harold E. Kennedy (owner), and to issue a Final Notice of Decision in this matter, has been continued to Tuesday, July 18. The requested variances to Sections 4.1, 6.1, 9B.2, 9B.6.1, and 9B.6.2 of the Wilton Zoning Ordinance, if granted, would have permitted the removal of gravel from Lot F–3, 536 Isaac Frye Highway. They were necessary for the proposed use because the lot is not in the district in which gravel excavation is permitted, and the proposed excavation would not satisfy the setback and buffer requirements of the ordinance.

Tuesday, July 18, 2006 — Decision

The application by K. M. Zahn and Sons (applicant) and Harold E. Kennedy (owner) for a USE variance to Section 4.1 of the Wilton Zoning Ordinance was denied on June 26, 2006 by a 3 to 1 vote. If granted, the variance to Section 4.1 would have permitted the removal of gravel from Lot F–3, 536 Isaac Frye Highway, a lot that is not in the district in which gravel excavation is permitted. Since the USE variance was denied, the Board found that the variances subordinate to it, Sections 6.1, 9B.2, 9B.6.1, and 9B.6.2, are moot.

In the motion to deny the variance for Section 4.1, The Zoning Board cited:

On July 18, 2006 the Board adopted its Findings of Fact and issued a Statement of Reasons for denial of the variance requests.

In addition to the above, The Board determined that:

  1. The change to Section 4.1 and the accompanying new section of the ordinance establishing a gravel excavation district were enacted to restrict where these operations occur, as spelled out in the ordinance itself, where it describes the purpose of the district being to maintain “a safe, healthy and harmonious atmosphere for all in the Town of Wilton” and “minimize the detrimental effect of excavations on the visual character” of the town (Wilton Zoning Ordinance 9B.1, p. A-37).
  2. PROPERTY VALUES: The Board did not find substantial evidence to support any effect on property values.
  3. HARDSHIP: The Board did not find anything unique about the property or its environment to warrant a hardship; proximity to a district is not a hardship nor is it a reason to be part of the district; and present zoning restriction does not interfere with reasonable use of the property.
  4. SUBSTANTIAL JUSTICE: The Board did not find that Substantial Justice would be done because an injustice must be capable of relief by the granting of a variance that meets the other qualifications.

The selectmen, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing of this decision. A request for a rehearing must be filed in writing with the Zoning Board of Adjustment on or before Thursday, August 17, 2006, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)