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Case 7/9/2019–1
Tuesday, July 9, 2019 — Notice
Quinn Properties, LLC has applied for a variance to section 8.2.6 of the Wilton Zoning Ordinance to allow the construction of an asphalt batch plant amd silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the Wilton Town Hall Courtroom on Tuesday, July 9, 2019 at 7:30 p.m.
The application, and any other documents that have been received by the ZBA in connection with this case, are available for inspection in the Land Use Office in the Wilton Town Hall.
The application as a PDF file.
Correspondence
Correspondence received in relation to this application
- Letter from the Wilton Economic Development Team, dated August 28, 2019
- Petition, dated September 1, 2019
- Email from Marilyn Jonas, received September 3, 2019
- Letter from Chris Balch, Anthony Graham, and three others, received September 5, 2019
- Letter from Philip and Virginia Brooks, received September 9, 2019
- Email from Denise DeFelice, received September 10, 2019
- Letter from Attorney William Keefe regarding regional impact, dated September 10, 2019
- Email from Amelia Shea, received September 10, 2019
- Letter from the Wilton Fire Chief, dated September 24, 2019
- Letter from the Wilton Conservation Commission, dated October 3, 2019
- Email from the Milford Planning Board, received October 4, 2019
- Letter from Chris Balch, dated October 13, 2019
- Letter from Glynn Graham, dated October 13, 2019
- Letter from Anthony Graham, received October 15, 2019
- Letter from Richard Kahn, dated October 15, 2019
- Letter from Chris Balch, Anthony Graham, and five others, dated October 15, 2019
- Letter from the Temple Conservation Commission, dated October 17, 2019
- Letter from Celia and Gary Tuttle, dated October 17, 2019
- Letter from Nashua Regional Planning Commission, dated October 18, 2019
- Email from Sharon Blackburn, received October 21, 2019
- Letter from the Lyndeborough Board of Selectmen, dated October 21, 2019
- Letter from Attorney William Keefe and “Questions and Answers Regarding Hot Mix Asphalt Plants” from Laura Green, Ph.D., D.A.B.T., dated October 22, 2019
- Email from Marilyn Jonas, received October 22, 2019
- Web link submitted by Richard Kahn, October 23, 2019
- Area tax map, submitted by Attorney William keefe at the October 23, 2019 hearing
- Exhibit B, submitted at the October 23, 2019 hearing
- Exhibit C, submitted at the October 23, 2019 hearing
- Exhibit D, submitted at the October 23, 2019 hearing
- Exhibit E, submitted at the October 23, 2019 hearing
- Exhibit F, submitted at the October 23, 2019 hearing
- Letter from Attorney Amy Manzelli, submitted November 12, 2019
- New letter from Attorney Amy Manzelli, submitted February 12, 2020
- Comments by Chris Balch on “Questions and Answers Regarding Hot Mix Asphalt Plants” from Laura Green, Ph.D., D.A.B.T., submitted February 12, 2020
- Letter from Marilyn Jonas regarding light pollution, submitted February 12, 2020
- Letter from Marilyn Jonas regarding noise pollution, submitted February 12, 2020
- Letter from Amanda Barrick, received February 13, 2020
- Letter from Richard Kahn, received February 13, 2020
- Letter from Robert and Shannon Silva, received February 13, 2020
- Letter from Shannon and Joe Coffey, received February 14, 2020
- Email from Michelle Airoldi, received February 17, 2020
- Second rehearing request, received March 20, 2020
Tuesday, July 9, 2019 — Case Continued
The hearing on the application by Quinn Properties, LLC for a variance to section 8.2.6 of the Wilton Zoning Ordinance has been continued to Tuesday, August 13, 2019 at 7:30 p.m. in the Town Hall Courtroom. If granted, the variance would allow the construction of an asphalt batch plant and silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet. The continuation will allow the applicant to obtain a statement from the Wilton Fire Department as to whether the Department’s equipment would be adequate to fight a fire in the proposed structures, and to obtains information as the fire risks and suppression measures built into the proposed structures.
Tuesday, August 13, 2019 — Continuation
Quinn Properties, LLC has applied for a variance to section 8.2.6 of the Wilton Zoning Ordinance to allow the construction of an asphalt batch plant amd silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet.
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 13, 2019 at 7:30 p.m.
Tuesday, August 13, 2019 — Case Continued
At the request of the applicant, the hearing on the application by Quinn Properties, LLC for a variance to section 8.2.6 of the Wilton Zoning Ordinance has been continued to Tuesday, September 9, 2019 at 7:30 p.m. in the Town Hall Courtroom. If granted, the variance would allow the construction of an asphalt batch plant and silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet.
Tuesday, September 10, 2019 — Continuation
Quinn Properties, LLC has applied for a variance to section 8.2.6 of the Wilton Zoning Ordinance to allow the construction of an asphalt batch plant amd silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the Wilton Town Hall Courtroom on Tuesday, September 10, 2019 at 7:30 p.m.
Tuesday, September 10, 2019 — Case Continued
In order to allow notification of neighboring municipalities and the Nashua Regional Planning Commission, the hearing on the application by Quinn Properties, LLC for a variance to section 8.2.6 of the Wilton Zoning Ordinance has been continued to Wednesday, October 23, 2019 at 7:30 p.m. in the cafeteria of the WIlton-Lyndeborough Cooperative High School. If granted, the variance would allow the construction of an asphalt batch plant and silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet.
Wednesday, October 23, 2019 — Continuation
Quinn Properties, LLC has applied for a variance to section 8.2.6 of the Wilton Zoning Ordinance to allow the construction of an asphalt batch plant amd silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet.
This will be a new hearing from the beginning on this case: testimony and discussion from the July 9, 2019 hearing will be disregarded except as it may re-arise at this hearing.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the cafeteria of the Wilton-Lyndeborough Cooperative High School on Wednesday, October 23, 2019 at 7:30 p.m.
Wednesday, October 23, 2019 — Case Continued
The hearing on the application by Quinn Properties, LLC for a variance to section 8.2.6 of the Wilton Zoning Ordinance has been continued to Tuesday, November 12, 2019 at 7:30 p.m. in an unspecified location. If granted, the variance would allow the construction of an asphalt batch plant and silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet.
The Zoning Board has requested that the applicant hold a “balloon test” or other similar procedure to allow residents to assess the potential vvisibility of the proposed structures, The continuation of the hearing is solely for the purpose of receiving testimony about observations from the “balloon test.”
Friday, November 8 – Sunday, November 10, 2019 — Sight-Line Test
Quinn Properties, LLC has applied for a variance to section 8.2.6 of the Wilton Zoning Ordinance to allow the construction of an asphalt batch plant and silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet.
The applicants will conduct a “Sight-Line Test” in connection with this application, in order to help evaluate the potential visibility of the proposed structures. Starting at 9:00 a.m. on Friday, November 8, 2019, and ending at 4:00 p.m. on Sunday, November 10, 2019, the applicants will have a telescopic work lift with a work platform on top extended to a height of 72 feet at the location of the proposed asphalt plant and silo.
Members of the public are invited to observe the site from various locations and to report their observations either in writing before or in person during the continuation of the hearing on the case on Tuesday, November 12, 2019. Positive reports (work-lift seen) and negative reports (work-lift not seen) are both requested.
All reports must be made by the person who made the observation. All reports must include:
- The name of the person who made the observation and is submitting the report.
- The precise location where the observation was made, such as “at a particular location on the property at a particular address,” or “at a particular intersection or address or between two particular addresses on a particular street.”
- Exactly what was seen, such as “nothing,” or “the entire work-lift down to the ground,” or “just the top bit of the arm and the platform on top.”
- A photograph to substantiate the description is strongly recommended, but not mandatory.
Written submissions may be hand delivered to the Land Use Office in the Wilton Town Hall between 10:00 a.m. and 4:00 p.m. on Tuesday, November 12, or sent by email to Michele Decoteau.
Tuesday, November 12, 2019 — Continuation
Quinn Properties, LLC has applied for a variance to section 8.2.6 of the Wilton Zoning Ordinance to allow the construction of an asphalt batch plant amd silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet.
This is a continuation of the hearing held on Wednesday, October 27, and is solely for the purpose of receiving testimony about observations from the sight-line test for the case. The Zoning Board deliberations and decision meeting will follow the hearing.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing in the cafeteria of the Wilton-Lyndeborough Cooperative High School on Tuesday, November 12, 2019 at 7:30 p.m.
Tuesday, November 12, 2019 — Decision
The application by Quinn Properties, LLC for a variance to section 8.2.6 of the Wilton Zoning Ordinance has been denied. If granted, the variance would have allowed the construction of an asphalt batch plant and silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet. The variance has been denied because the Zoning Board finds that the applicant has not demonstrated unnecessary hardship, as discussed below.
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, December 12, 2019, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Read the full decision notice.
Tuesday, December 10, 2019 — Request for Rehearing
The Zoning Board will consider a request by Board member Joanna Eckstrom that it hold a new hearing to reconsider its decision to deny the variance requested by Quinn Properties, LLC in ZBA Case #7/9/19–1.
Note that a meeting to decide whether to grant a rehearing is not a public hearing. The decision is made on the basis of the request, and without additional input.
Tuesday, December 10, 2019 — Rehearing Denied
The Zoning Board has turned down the request by Board member Joanna Eckstrom that it hold a new hearing to reconsider its decision to deny the variance requested by Quinn Properties, LLC in ZBA Case #7/9/19–1.
Tuesday, December 17, 2019 — Request for Rehearing
In accordance with RSA 677:2, Quinn Properties, LLC has requested that the Zoning Board hold a new hearing to reconsider the Board’s November 12, 2019 denial of the variance that they requested in ZBA Case #7/9/19–1.
The Town of Wilton Zoning Board of Adjustment will consider this request in the Wilton Town Hall Courtroom on Tuesday, December 17, 2019 at 7:30 p.m.
The request letter, and any other documents that have been received by the ZBA in connection with this case, are available for inspection in the Land Use Office in the Wilton Town Hall.
Note that a meeting to decide whether to grant a rehearing is not a public hearing. The decision is made on the basis of the request, and without additional input.
Tuesday, December 17, 2019 — Discussion Continued
The Zoning Board’s consideration of the request by Quinn Properties, LLC, that the Board hold a new hearing to reconsider the Board’s November 12, 2019 denial of the variance that Quinn Properties requested in ZBA Case #7/9/19–1 has been continued until Tuesday, January 14, 2020.
Monday, January 6, 2020 — Meeting
The Town of Wilton Zoning Board of Adjustment will meet on Monday, January 6, 2020 at 6:00 pm in the Land Use Office in the Wilton Town Hall to meet with the Town Attorney to discuss ZBA Case #7/9/19–1 (Quinn Properties, LLC) and the Request for Rehearing that the Zoning Board has received from the applicant in that case. The discussion with the Town Attorney is expected to be held in non-public session pursuant to RSA 91–A:3, II(e) and/or (l).
Tuesday, January 14, 2020 — Request for Rehearing
In accordance with RSA 677:2, Quinn Properties, LLC has requested that the Zoning Board hold a new hearing to reconsider the Board’s November 12, 2019 denial of the variance that they requested in ZBA Case #7/9/19–1.
The Town of Wilton Zoning Board of Adjustment will consider this request in the Wilton Town Hall Courtroom on Tuesday, January 14, 2020 at 7:30 p.m.
The request letter, and any other documents that have been received by the ZBA in connection with this case, are available for inspection in the Land Use Office in the Wilton Town Hall.
Note that a meeting to decide whether to grant a rehearing is not a public hearing. The decision is made on the basis of the request, and without additional input.
Tuesday, January 14, 2020 — Decision
The Zoning Board has granted the request by Quinn Properties, LLC that the Board hold a rehearing on the variance requested by Quinn Properties in ZBA Case #7/9/19–1, which the Board denied on November 12, 2019. The rehearing will be held on Tuesday, February 18, 2020 at 7:30 p.m in the Wilton-Lyndeborough Cooperative High School Cafeteria.
Tuesday, February 18, 2020 — Rehearing
Quinn Properties, LLC has applied for variance to section 8.2.6 of the Wilton Zoning Ordinance to relax the height limit for a proposed asphalt batch plant and silo on Lot B– 10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet.
On Tuesday, November 12, 2019, the Town of Wilton Zoning Board of Adjustment denied the requested variance. On Tuesday, January 14, 2020, in response to a request from the applicant, the Zoning Board granted a rehearing.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public rehearing on Tuesday, February 18, 2020 at 7:30 p.m. in the Wilton-Lyndeborough Cooperative High School Cafeteria.
The original application, all written submissions received by the Zoning Board before or at the November 12, 2019 hearing, and all testimony from the October 23, 2019 and November 12, 2019 hearings will be incorporated in the record for the rehearing, and may be considered by the Zoning Board in making its decision. Any relevant new material may be submitted in writing in advance or in testimony at the February 18 meeting. The application for this case, any other documents submitted with it, and any other written submissions, are available for inspection in the Wilton Town Offices, and most can be found on the case page on the Zoning Board web site.
Tuesday, February 18, 2020 — Decision
The application by Quinn Properties, LLC for a variance to section 8.2.6 of the Wilton Zoning Ordinance has been denied. If granted, the variance would have relaxed the height limit for a proposed asphalt batch plant and silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet. The Zoning Board found that there would be no hardship arising from special conditions of the property, and that granting the variance would be contrary to the public interest and to the spirit of the ordinance.
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 Friday, March 20, 2020, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2) (The deadline is March 20 because, although the hearing was held on Tuesday, February 18, the decision was reached at 12:03 a.m. on Wednesday, February 19.)
Read the full decision notice.
Tuesday, April 7, 2020 — Request for Rehearing
In accordance with RSA 677:2, Quinn Properties, LLC has requested that the Zoning Board hold a new hearing to reconsider the Board’s February 18, 2020 denial of the variance that they requested in ZBA Case #7/9/19–1.
The Town of Wilton Zoning Board of Adjustment will consider this request on Tuesday, April 7, 2020 at 7:30 p.m.
Due to the COVID-19/Coronavirus crisis and in accordance with Governor Sununu’s Emergency Order #12 pursuant to Executive Order 2020-04, this Board is authorized to meet electronically. In accordance with the Emergency Order, we are utilizing the Zoom platform for this electronic meeting. Please note that there is no physical location to observe and listen contemporaneously to the meeting.
You can participate in one of two ways:
- Online (audio and video) at https://tinyurl.com/ZBA040720
- By telephone at (646) 558-8656, using Meeting ID: 535-148-037 and Password: 775802
Further details of the meeting procedure are available at www.wiltonzba.org/meeting_20200407.html
If you have issues accessing the meeting, please call our Land Use Administrator, Michele Decoteau, at (603) 654-9451 x309, or email her at mdecoteau@wiltonnh.gov.
Note that a meeting to decide whether to grant a rehearing is not a public hearing. The decision is made on the basis of the request, and without additional input.
The request letter, and any other documents that have been received by the ZBA in connection with this case, are available for inspection in the Land Use Office in the Wilton Town Hall.
Tuesday, April 7, 2020 — Decision
The request by Quinn Properties, LLC for a rehearing of the February 18, 2020 decision in Wilton ZBA Case #7/9/19–1 has been denied. The February 18 decision denied a variance to to section 8.2.6 of the Wilton Zoning Ordinance which, if granted, would have relaxed the height limit for a proposed asphalt batch plant and silo on Lot B–10, 50 Quinn Drive, which would be 68 and 72 feet in height respectively, where the ordinance limits structures to a maximum height of 45 feet.
This decision may be appealed to the superior court no later than Thursday, May 7, 2020. (N.H. RSA 677:4).