Tuesday, August 8, 2023 — Hearing

Notice

Roger Chappell Holdings, LLC (owner) and Better Built Homes, LLC (applicant) have requested a special exception under section 11.4(a) of the Wilton Zoning Ordinance to allow construction of a road that will cross a wetland area in order to access a proposed subdivision of Lot D-99, 304 Gibbons Highway.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, August 8, 2023 at 7:00 p.m. in the Wilton Town Hall Courtroom, 42 Main Street.

Case Continued

The hearing on the request by Roger Chappell Holdings, LLC (owner) and Better Built Homes, LLC (applicant) for a special exception under section 11.4(a) of the Wilton Zoning Ordinance has been continued to Tuesday, September 12, 2023. If granted, the requested relief would allow construction of a road that will cross a wetland area in order to access a proposed subdivision of Lot D-99, 304 Gibbons Highway.

Minutes

Minutes of the hearing.

Saturday, August 19, 2023 — Site Visit

Notice

Roger Chappell Holdings, LLC (owner) and Better Built Homes, LLC (applicant) have requested a special exception under section 11.4(a) of the Wilton Zoning Ordinance to allow construction of a road that will cross a wetland area in order to access a proposed subdivision of Lot D-99, 304 Gibbons Highway.

The Town of Wilton Zoning Board of Adjustment will meet on Saturday, August 19, 2023 at 10:00 a.m. at 304 Gibbons Highway 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.

Tuesday, September 12, 2023 — Continuation

Notice

Roger Chappell Holdings, LLC (owner) and Better Built Homes, LLC (applicant) have requested a special exception under section 11.4(a) of the Wilton Zoning Ordinance to allow construction of a road that will cross a wetland area in order to access a proposed subdivision of Lot D-99, 304 Gibbons Highway.

The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Tuesday, September 12, 2023 at 7:00 p.m. in the Wilton Town Hall Courtroom, 42 Main Street.

Notice of Decision

(Download the formal decision notice as a PDF file.)

The request by Roger Chappell Holdings, LLC (owner) and Better Built Homes, LLC (applicant) for a special exception under section 11.4(a) of the Wilton Zoning Ordinance has been granted. It will allow construction of a road that will cross a wetland area in order to access a proposed subdivision of Lot D-99, 304 Gibbons Highway.

This decision shall expire if the construction or use permitted by it has not begun by Friday, September 12, 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, October 12, 2023, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Findings of Fact

• These findings are based on plans and testimony submitted by Ken Robinson of Fieldstone Land Consultants, and on the Zoning Board’s observations at the site visit on Saturday, August 19.
• The applicant proposes an eight lot subdivision of Lot D-99 (“the Lot”).
• The Lot’s only road frontage is on NH Route 101 at the east end of the Lot. The applicant proposes to to construct a road from NH Route 101 to access the subdivided lots.
• The Lot has an area of 24 acres. It is bisected by a small intermittent stream which runs south-to-north to the Souhegan River. The majority of the area of the lot, including half of the proposed subdivided lots, is to the south-west of the stream, and is thus inaccessible without crossing the stream.
• The applicant proposes a 36 inch diameter, 60 foot long RCP culvert with a concrete headwall where the road will cross the stream. It would impact 1200 square feet of wetlands.
• The proposed access road and culvert would be immediately uphill of where the stream at present runs across a woods road before falling away downhill. The outflow of the culvert would be into a bed of rocks located in the existing woods road crossing.
• The culvert would replace an existing 12 inch corrugated metal pipe.
• The proposal is essentially identical to one which was approved in a Special Exception which was granted April 13, 2021 in ZBA Case #3/9/21-1, but which expired unexercised.

Reasons for the Decision

• The majority of the lot would be inaccessible for development without crossing the stream.
• The Board is persuaded that there is no reasonable alternative to the proposed crossing which would have a lesser wetland impact.

Conditions of Approval

• The location, construction, and maintenance of the permitted crossing will be as shown on a set of plans which were submitted to the Zoning Board and are included in the ZBA file for this case, which are collectively labeled “Conventional Subdivision / Riiver’s Edge / Tax Map D Lot 99 — 304 Gibbons Highway / Wilton, New Hampshire 03055 / Date: September 12, 2022 / Last Revised: June 7, 2023,” specifically including the enclosed “Grading, Drainage, Utility, & Erosion Control Plan” and “Stormwater Management Details.”

Minutes

Minutes of the hearing.