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Case 8/8/06–1
Tuesday, August 8, 2006 — Notice
Barbara A. Pinet and Leslie J. Thigpen have applied for a variance to section 14.3.3 of the WIlton Zoning Ordinance, to permit the construction of a house on Lot A–64, Burton Highway, which would be closer to Mill Brook than is permitted by the Ordinance.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the Wilton Town Hall Courtroom on Tuesday, August 8, 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.
Documents
- Application form (384KB PDF file).
- Applicant’s explanation of proposed use and reasons to grant the variance; scanned from the application (converted by optical character recognition, not proof-read) (56KB PDF file).
- Map showing the property location (424KB PDF file).
- Site plan (204KB PDF file).
Tuesday, August 8, 2006 — Continuation
The public hearing on the application by Barbara A. Pinet and Leslie J. Thigpen for a variance to section 14.3.3 of the WIlton Zoning Ordinance has been continued to the Tuesday, September 12 meeting of the Zoning Board. If granted, the variance would permit the construction of a house on Lot A–64, Burton Highway, which would be closer to Mill Brook than is permitted by the Ordinance. The Board has requested that the applicants provide additional information, including, but not necessarily limited to,
- accurate topographic information for the entire area in which the house might be built, both with and without the requested variance,
- topography for the entire lot, not necessarily at high resolution,
- the precise proposed location of the house,
- the proposed location of the driveway,
- an estimate of the cost difference between building with and without the variance,
- the area that will be disturbed beyond the footprint of the house itself,
- concrete proposals for realistic, enforceable permanent restrictions on the property to protect the water supply, preferably to be developed in consultation with the Conservation Commission and/or the Water Commission,
- details of erosion and sedimentation control measures between the driveway and the brook,
- and permanent erosion control measures for the entire site.
The Board has also scheduled a visit to the site of the proposed construction on Tuesday, September 5 at 6:00 p.m., which may be rescheduled to Thursday, September 7 in case of inclement weather.
Tuesday, September 5, 2006 — Site Visit
The Zoning Board will meet at Lot A–64, Burton Highway (by the bridge on Burton Highway west of Frye’s Mill) at 6:00 p.m. on Tuesday, September 5, 2006 to hold a site visit for this application.
The site visit is a continuation of the public hearing on the case, 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, September 12, 2006 — Continuation
The hearing on the application by Barbara A. Pinet and Leslie J. Thigpen for a variance to section 14.3.3 of the WIlton Zoning Ordinance has been continued to the Tuesday, October 10 meeting of the Zoning Board. If granted, the variance would permit the construction of a house on Lot A–64, Burton Highway, which would be closer to Mill Brook than is permitted by the Ordinance.
The Board has expressed its intention of granting the variance with the following restrictions:
- The foundation of the house is to extend no more than 25 feet into the setback (i.e., is to be no less than 175 feet from Mill Brook).
- The deck is to extend no more than ten feet from the house, and is to be supported on Sonotubes.
- All sewage systems (tank and leach field), all fuel systems, storage tanks and fill areas (except propane) shall be outside the 200 foot setback.
- The following restrictions, taken from the New Hampshire Shoreland Protection Act (RSA 483-B:9, V) will apply to the lot, except that any present or future Town-approved access points to the lot shall be not be subject to these restrictions: Where existing, a natural woodland buffer shall be maintained within 150 feet of Mill Brook. The purpose of this buffer shall be to protect the quality of public waters by minimizing erosion, preventing siltation and turbidity, stabilizing soils, preventing excess nutrient and chemical pollution, maintaining natural water temperatures, maintaining a healthy tree canopy and understory, preserving fish and wildlife habitat, and respecting the overall natural condition of the protected shoreland. Within this natural woodland buffer, not more than a maximum of 50 percent of the basal area of trees, and a maximum of 50 percent of the total number of saplings shall be removed for any purpose in a 20-year period. A healthy, well-distributed stand of trees, saplings, shrubs, ground cover, and their living, undamaged root systems shall be left in place.
The case has been continued to allow the applicants to prepare plans showing:
- a location for the house consistent with these restrictions,
- the location of the driveway and driveway elevation profile, and
- details of erosion and sedimentation control and runoff treatment systems, both permanent and for construction.
The Board intends to issue a final approval for the variance if it is satisfied with the presented plans, which would then be incorporated into the terms of the variance.
Tuesday, October 10, 2006 — Decision
The application by Barbara A. Pinet and Leslie J. Thigpen for a variance to section 14.3.3 of the WIlton Zoning Ordinance has been granted. The variance will permit the construction of a house on Lot A–64, Burton Highway, which will be closer to Mill Brook than is permitted by the Ordinance. The variance is granted subject to the following restrictions:
- The foundation of the house is to extend no more than 25 feet into the setback (i.e., is to be no less than 175 feet from Mill Brook).
- The deck is to extend no more than ten feet from the house, and is to be supported on Sonotubes.
- All sewage systems (tank and leach field), all fuel systems, storage tanks and fill areas (except propane) shall be outside the 200 foot setback.
- The following restrictions, taken from the New Hampshire Shoreland Protection Act (RSA 483-B:9, V) will apply to the lot, except that any present or future Town-approved access points to the lot shall be not be subject to these restrictions: Where existing, a natural woodland buffer shall be maintained within 150 feet of Mill Brook. The purpose of this buffer shall be to protect the quality of public waters by minimizing erosion, preventing siltation and turbidity, stabilizing soils, preventing excess nutrient and chemical pollution, maintaining natural water temperatures, maintaining a healthy tree canopy and understory, preserving fish and wildlife habitat, and respecting the overall natural condition of the protected shoreland. Within this natural woodland buffer, not more than a maximum of 50 percent of the basal area of trees, and a maximum of 50 percent of the total number of saplings shall be removed for any purpose in a 20-year period. A healthy, well-distributed stand of trees, saplings, shrubs, ground cover, and their living, undamaged root systems shall be left in place.
- Construction of the house and driveway are to be in conformity with the plan that was submitted to the Zoning Board at its October 10 meeting, or as that plan may be amended by the applicant with the approval of the Wilton Planning Board.
The plan, and this notice of decision, are to be filed in the Registry of Deeds following approval by the Planning Board, and a note of the existence of this decision and these restrictions is to be added to the tax card for the lot in the Town Office.
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, November 9, 2006, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)