Tuesday, January 10, 2023 — Hearing

Notice

Educational Community Farm (owner) and Four Corners Farm Cooperative (applicant) have requested variances to sections 5.1(c) and 5.1(d) of the Wilton Zoning Ordinance to allow a third dwelling on Lot F-98-1, 195 Isaac Frye Highway (Four Corners Farm), where the Ordinance would only allow one dwelling.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, January 10, 2023 at 7:30 p.m. in the Emergency Operations Center of the Wilton Fire Station, 102 Main Street (park across the street, NOT in the Fire Station parking lot; enter at the WEST end of the building).

Decision

The request by Educational Community Farm (owner) and Four Corners Farm Cooperative (applicant) for variances to sections 5.1(c) and 5.1(d) of the Wilton Zoning Ordinance has been granted. The variances will allow two dwellings and three dwelling units on Lot F-98-1, 195 Isaac Frye Highway (Four Corners Farm), where the Ordinance would only allow one dwelling and two dwelling units.

The decision is subject to the condition that this variance supersedes the variance granted in Case #5/10/22-1 (decided Tuesday, July 12, 2022), and creation of the third dwelling permitted by that previous variance is prohibited if a third dwelling unit is to be created in accordance with this variance. See the drawings provided to the Zoning Board during the hearing, which illustrate the proposed third dwelling unit locations permitted by the previous variance and by this variance.

This decision shall expire if the construction or use permitted by it has not begun by Friday, January 10, 2025. (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, February 9, 2023, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Findings of Fact

• Lot F-98-1 (“the lot”) is the site of Four Corners Farm, one of Wilton’s few remaining farms.
• The lot is located in the General Residence and Agricultural Zoning District.
• The lot is 33 acres in size. Several other abutting lots owned by the Farm bring the total Farm area to approximately 68 acres.
• The area is predominantly rural/agricultural.
• The lot is heavily encumbered by agricultural and heritage easements. Only a relatively small area near Isaac Frye Highway is available for structures, including a historic farmhouse and barns.
• In order to secure enough farm workers, the Farm makes housing available to some of them in structures on the property.
• The applicant’s proposal is to create a third dwelling unit in the farmhouse/barn, in addition to existing dwelling units in the farmhouse/barn and in a detached dwelling on the lot.

Variance Criteria

• Property Values
  • Particular in the context of the existing agricultural activities on the property, the effect on the neighborhood of an additional dwelling unit for the use of employees on the property will be negligible.
• Spirit of the Ordinance, Public Interest
  • The proposed use is consistent with the agricultural and residential purposes of the District.
• Hardship
  • The lot’s size and agricultural use are special conditions of the property.
  • The addition of a third dwelling unit on a 33 acres lot does not result in an increase in residential density in the area.
  • A dwelling unit for farm workers on the property is reasonable in the context of the permitted agricultural use.
  • The fact that all three dwelling units are specifically in service of and integrated into the agricultural use of the property distinguishes the proposal from residential development in the general sense, and relieves the concerns about orderly residential development of the district that are implicit in the Ordinance provisions being varied.
• Substantial Justice
  • The proposed use would have no discernible adverse effect on the neighborhood, and would promote the viability of one of the few remaining farms in the town.

Minutes

Minutes of the hearing.