Town of Wilton, NH

Zoning Board of Adjustment

Case 7/13/21–1

Summary

Lot
J-79
Address
63 Forest Road (Intervale Hardware)
Owner
The Richard A. Rantamaki Trust u/d/t dated 7/25/2020
Applicant
Timothy W. Sullivan and John Harrison, LLP
Relief Requested
Variances to sections 5.1(c), 5.2.5, 7A.5.2(a), and 7A.5.2(e) of the Wilton Zoning Ordinance
Purpose
To allow an 11 unit residential condominium development, where the ordinance only allows three dwelling units on a lot, the buildings would have two stories over a garage, and the buildings and parking areas would encroach into the setbacks.
Application
The application
Attached Traffic Report
Decision
Variances denied Wednesday, August 11, 2021
Status
Rehearing request deadline is Friday, September 10, 2021

Documents

Tuesday, July 13, 2021 — Hearing

Notice

The Richard A. Rantamaki Trust u/d/t dated 7/25/2020 (owner) and Timothy W. Sullivan and John Harrison, LLP (applicant) have requested variances to sections 5.1(c), 5.2.5, 7A.5.2(a), and 7A.5.2(e) of the Wilton Zoning Ordinance to allow an 11 unit residential condominium development on Lot J-79, 63 Forest Road (Intervale Hardware), where the ordinance only allows three dwelling units on a lot, the buildings would have two stories over a garage, and the buildings and parking areas would encroach into the setbacks.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, July 13, 2021 at 7:30 p.m. in the cafeteria of the Wilton-Lyndeborough Cooperative High School.

Case Continued

The hearing on the request by the Richard A. Rantamaki Trust u/d/t dated 7/25/2020 (owner) and Timothy W. Sullivan and John Harrison, LLP (applicant) forvariances to sections 5.1(c), 5.2.5, 7A.5.2(a), and 7A.5.2(e) of the Wilton Zoning Ordinance has been continued to Tuesday, August 10. If granted, the variances would allow an 11 unit residential condominium development on Lot J-79, 63 Forest Road (Intervale Hardware), where the ordinance only allows three dwelling units on a lot, the buildings would have two stories over a garage, and the buildings and parking areas would encroach into the setbacks.

In addition, a site visit has been scheduled for Saturday, July 18.

Minutes

Minutes of the hearing

Saturday, July 17, 2021 — Site Visit

Notice

The Richard A. Rantamaki Trust u/d/t dated 7/25/2020 (owner) and Timothy W. Sullivan and John Harrison, LLP (applicant) have requested variances to sections 5.1(c), 5.2.5, 7A.5.2(a), and 7A.5.2(e) of the Wilton Zoning Ordinance to allow an 11 unit residential condominium development on Lot J-79, 63 Forest Road (Intervale Hardware), where the ordinance only allows three dwelling units on a lot, the buildings would have two stories over a garage, and the buildings and parking areas would encroach into the setbacks.

The Town of Wilton Zoning Board of Adjustment will meet on Saturday, July 17, 2021 at 10:00 a.m. at 63 Forest Road (Intervale Hardware) 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.

Minutes

Minutes of the site visit

Wednesday, August 11, 2021 — Continuation

Notice

The Richard A. Rantamaki Trust u/d/t dated 7/25/2020 (owner) and Timothy W. Sullivan and John Harrison, LLP (applicant) have requested variances to sections 5.1(c), 5.2.5, 7A.5.2(a), and 7A.5.2(e) of the Wilton Zoning Ordinance to allow an 11 unit residential condominium development on Lot J-79, 63 Forest Road (Intervale Hardware), where the ordinance only allows three dwelling units on a lot, the buildings would have two stories over a garage, and the buildings and parking areas would encroach into the setbacks.

The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Wednesday, August 11, 2021 at 7:30 p.m. in the Florence Rideout Elementary School Gymnasium (please enter by the side door).

Decision

The request by the Richard A. Rantamaki Trust u/d/t dated 7/25/2020 (owner) and Timothy W. Sullivan and John Harrison, LLP (applicant) for variances to sections 5.1(c), 5.2.5, 7A.5.2(a), and 7A.5.2(e) of the Wilton Zoning Ordinance has been denied. If granted, the variances would have allowed an 11 unit residential condominium development on Lot J-79, 63 Forest Road (Intervale Hardware), where the ordinance only allows three dwelling units on a lot, the buildings would have two stories over a garage, and the buildings and parking areas would encroach into the setbacks.

Section 5.1(c)

The variance to section 5.1(c) of the Ordinance was denied for the following reasons.

Context

The subject property is a 0.8 acre lot located in the Downtown Commercial District, which allows “any use permitted in the Residential District […], under the same provisions as apply to the use in that district …” (Section 7A.3.1(a).) One of those provisions is Section 5.1(c): “A maximum of three (3) dwelling units per lot is allowed for any new construction on Town water and sewer …”

The subject property is directly across Forest Road from three residential lots in the Downtown Commercial District, two residential lots in the Residential District, and a Downtown Commercial District lot containing a presently unused historic industrial building. It abuts a vacant Downtown Commercial District lot and a residential lot in the Residential District on the same side of Forest Road. Behind it, across Pleasant Street, are three residential lots in the lower-density General Residence and Agricultural District.

Spirit of the Ordinance and Public Interest

Eleven units on a single lot of any size, much less one of less than an acre, would be a dramatic departure not only from what is permitted in the Residential District and Downtown Commercial District, but from any existing development in those districts.

Visually, the development would present itself from Forest Road as a continuous “wall” 240' long and 39' high (with a single 20' gap in the middle), and from Pleasant Street as a wall approximately 20' high.

Thus, the proposed development would alter the essential character of the neighborhood, and would therefor be inconsistent with the spirit of the ordinance and contrary to the public interest.

Unnecessary Hardship

Section 5.1(c) is clearly intended to preserve the existing pattern of development in the Residential District, and its inclusion by reference in the Downtown Commercial District, which is directly adjacent to the downtown portion of the Residential District, appears to reflect the same purpose. There is thus a fair and substantial relationship between the general public purpose of Section 5.1(c) and its specific application to the proposed development of the subject property, and therefore no unnecessary hardship.

Other Variances

Because the applicant felt that the proposed development could not be viable with less than 11 units, the remaining variance requests were moot, and the ZBA, without objection from the applicant, declined to address them.

Appeal

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, September 10, 2021, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Minutes

Minutes of the hearing