Case 5/11/21–1
Summary
- Lot
- F-3-2
- Address
- Isaac Frye Highway
- Owner
- Isaac Frye Holdings, LLC
- Applicant
- Kenneth Lehtonen
- Relief Requested
- Variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance
- Purpose
- To allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a, where the lot is outside the Gravel Excavation District.
- Application
- The application
- Site plan submitted with the application.
- Lot plan showing proposed house and driveway locations, final elevations, and limits of terrain modification (presented at June 5 Site Visit).
- Proposed sewage disposal system plan (presented at June 5 Site Visit).
- Proposed house plan (presented at June 5 Site Visit).
- Decision
- Variance to section 4.1 granted.
- Variance to section 12.4 is moot.
- See Also
- Case #5/9/06-2
- Status
- Final
Documents
Staff Documents
- Map overlaying the Aquifer Protection District with Lot F-3-2
- Compilation of records from the Planning Board and Zoning Board files pertaining to various past cases involving Lot F-3-2 or its parent lot F-3
Submissions by or On Behalf of Abutters, Neighbors, and Interested Parties
- Letter from abutter Andy Burnes, submitted May 11, 2021
- Email from abutter Daniel Dillon, sent May 11, 2021
- Email from Matthew Bangert, sent May 12, 2021
- Letter from Attorney Silas Little, dated June 3, 2021, with attached copy of Brandt Development v. Somersworth
- Second letter from Attorney Silas Little, dated June 8, 2021
- Letter from Chris Owen, dated July 9, 2021
- Letter from Attorney Silas Little, dated August 12, 2021
- Letter from Attorney Silas Little, dated September 14, 2021
- Letter from Chris Owen, dated October 7, 2021
- Letter from Attorney Silas Little, dated October 6, 2021
- Letter from Andy Hoar, received October 12, 2021
- Letter from Engineer Steven Keach, submitted by Attorney Silas Little, October 13, 2021
- Letter from Attorney Silas Little, dated October 13, 2021
- Letter from Realtor Kathleen Cleary, received November 5, 2021
Submissions by or On Behalf of the Applicant
- Applicant’s request for continuation, received June 8, 2021
- Letter from applicant’s attorney Roy Tisley, dated July 8, 2021
- Site Inspection Letter from Fieldstone Land Consultants, dated July 8, 2021, submitted July 13
Additional submissions from the Applicant, September 7
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Additional submissions from the Applicant, October 8
Additional submissions from the Applicant, November 5
- Letter from Engineer Jon Rokeh, dated November 5, 2021
- Letter from Attorney Roy Tilsley, dated November 5, 2021
All documents received on or after October 12
- Letter from Andy Hoar, received October 12, 2021
- Letter from Engineer Steven Keach, submitted by Attorney Silas Little, October 13, 2021
- Letter from Attorney Silas Little, dated October 13, 2021
- Letter from Realtor Kathleen Cleary, received November 5, 2021
- Letter from Engineer Jon Rokeh, dated November 5, 2021
- Letter from Attorney Roy Tilsley, dated November 5, 2021
Tuesday, May 11, 2021 — Hearing
Notice
Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) have requested variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance to allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, May 11, 2021 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://us02web.zoom.us/j/87373851439?pwd=V0cyL0Y4YVBwd3h5VWpZL09Ga2ppZz09
- By telephone at (646) 558-8656, using Meeting ID: 834 4501 9512 and Password: 068733
Read more details on the electronic meetings page.
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.
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.
Case Continued
The hearing on the request by Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) for a variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance has been continued to Tuesday, June 8. If granted, the variances would allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District.
In addition, a site visit has been scheduled for Saturday, June 5.
Minutes
Saturday, June 5, 2021 — Site Visit
Notice
Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) have requested variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance to allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on Lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District.
The Town of Wilton Zoning Board of Adjustment will meet on Saturday, June 5, 2021 at 9:00 a.m. at Lot F-3-2 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.
Parking will be available in the Andy’s Summer Playhouse / Unitarian Church parking lot in Wilton Center, just south of the site. In case of rain, the site visit will be Sunday, June 6, at 2:00 p.m. Please refer back to the ZBA page at <wiltonnh.gov> or the “What’s New” section of the Wilton ZBA home page at <wiltonzba.org> if the weather seems questionable.
Minutes
Tuesday, June 8, 2021 — Continuation
Notice
Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) have requested variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance to allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on Lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District.
The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Tuesday, June 8, 2021 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://us02web.zoom.us/j/44/54/8782-303?pwd=ek1HOWd3SkZSTk8zZ2xMN1JZdmdkZz09.
- By telephone at +1(646)558-8656, using Meeting ID: 878 2445 4303 and Password: 151569.
Read more details on the electronic meetings page.
If you have problems accessing the meeting, please call our Land Use Administrator, Michele Decoteau, at (603) 654-9451 x309 or email her at mdecoteau@wiltonnh.gov.
.Case Continued
The hearing on the request by Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) for a variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance has been continued to Tuesday, July 13. If granted, the variances would allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District.
Minutes
Tuesday, July 13, 2021 — Continuation
Notice
Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) have requested variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance to allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on Lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District.
The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Tuesday, July 13, 2021 at 7:30 p.m. in the Wilton-Lyndeborough Cooperative High School Cafeteria, 57 School Road.
Decision
The request by Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) for a variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance has been denied. If granted, the variances would have allowed gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District.
The Zoning Board found that the application is barred by the doctrine of res judicata, because the proposed use does not differ materially in nature and magnitude from the application for variances to section 4.1 and other sections of the Ordinance to allow gravel extraction from the lot F-3, the parent lot of F-3-2, which was denied on July 18, 2006 in Wilton ZBA Case #5/9/06-2. The reasons for the denial of the 2006 application apply equally to the current application.
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 12, 2021, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
Minutes
Wednesday, August 11, 2021 — Reconsideration
Notice
Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) have requested variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance to allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on Lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District.
On Tuesday, July 13, 2021, the Town of Wilton Zoning Board of Adjustment determined that its consideration of the application was barred by the doctrine of res judicata.
The Town of Wilton Zoning Board of Adjustment will meet on Wednesday, August 11, 2021 at 7:30 p.m. in the Florence Rideout Elementary School Gymnasium to decide whether it should hold a new hearing to reconsider this decision.
Minutes
Tuesday, September 14, 2021 — Rehearing
Notice
Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) have requested variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance to allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on Lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District.
On Tuesday, July 13, 2021, the Town of Wilton Zoning Board of Adjustment determined that its consideration of the application was barred by the doctrine of res judicata.
The Zoning Board will hold a rehearing on Tuesday, September 14, 2021 at 7:30 p.m.
The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, September 14, 2021 at 7:30 p.m. in the Florence Rideout Elementary School Gymnasium (please enter by the side door). If the Zoning Board decides that its July 13 determination was incorrect, then the Board will will proceed directly to a hearing on the merits of the application.
All testimony, evidence, and written submissions received by the Zoning Board prior to its July 13 decision are part of the record of the case, and may be taken into account by the Board in making any future decisions about the case.
Masks are required at all Wilton ZBA meetings.
Decision
The Town of Wilton Zoning Board of Adjustment has reversed its July 13, 2021, decision that its consideration of the request by Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) for a variance to sections 4.1 and 12.4 of the Wilton Zoning Ordinance was barred by the doctrine of res judicata. If granted, the variances would allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on Lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District
The hearing on the request has been continued to the Tuesday, October 12, 2021 meeting of the Zoning Board.
Minutes
Tuesday, October 12, 2021 — Continuation
Notice
Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) have requested variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance to allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on Lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District.
The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Tuesday, October 12, 2021 at 7:30 p.m. in the Florence Rideout Elementary School Gymnasium (please enter by the side door).
All testimony, evidence, and written submissions received by the Zoning Board prior to its July 13 decision are part of the record of the case, and may be taken into account by the Board in making any future decisions about the case.
Masks are required at all Wilton ZBA meetings.
Case Continued
The hearing on the request by Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) for a variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance has been continued to Tuesday, November 9. If granted, the variances would allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District.
Minutes
Tuesday, November 9, 2021 — Continuation
Notice
Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) have requested variances to sections 4.1 and 12.4 of the Wilton Zoning Ordinance to allow gravel excavation incidental to the construction of a single family dwelling as described in RSA 155-E:2-a on Lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District.
The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Tuesday, November 9, 2021 at 7:30 p.m. in the Florence Rideout Elementary School Gymnasium, 18 Tremont Street.
Decision
The request by Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) for a variance to section 4.1 of the Wilton Zoning Ordinance has been granted. The variance will allow the excavation of 5138 yards of gravel, incidental to the construction of a single family dwelling on Lot F-3-2, Isaac Frye Highway, which is outside the Gravel Excavation District, where the excavation has already occurred and the gravel has already been removed from the lot.
The variance is granted
- subject to the condition that no further earth material may be removed from the lot absent a change in the law or permission duly granted by a Town Board or Body, and
- in recognition of the applicants’ acknowledgment that the excavation is subject to Excavation Site Plan Review by the Wilton Planning Board.
The ZBA found that Excavation Site Plan Review of the excavation by the Wilton Planning Board will satisfy the requirements of section 12.4 of the Wilton Zoning Ordinance, and will therefore render applicants’ request for a variance to that section moot.
This decision shall expire if the construction or use permitted by it has not begun by Thursday, November 9, 2023. (Wilton Zoning Ordinance section 17.4)
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 9, 2021, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)