Tuesday, September 9, 2025 — Hearing

Notice

Stephanie Lingley- Kirsch has requested a special exception under section 5.3.1 of the Wilton Zoning Ordinance and/or variances to sections 5.1 and 5.2.3 of the Wilton Zoning Ordinance to allow a home-based farmstead business as a home occupation, including producing and packaging items such as canned goods, infused oils, baked goods, and handmade crafts (e.g., candles, leather journals), and selling these goods from the home and elsewhere, and to allow the growing of herbs, vegetables, and fruit, and the keeping of small farm animals such as chickens, rabbits, and sheep on Lot L-4, 68 Burns Hill Road, where agricultural uses, including the keeping of livestock, are not a permitted use in the Residential District, and a proposed farm stand would be closer to Burns Hill Road than allowed by the Ordinance.

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, September 9, 2025 at 7:00 p.m. in the Wilton Town Hall Courtroom, 42 Main Street.

Case Continued

The hearing on the request by Stephanie Lingley- Kirsch for a special exception under section 5.3.1 of the Wilton Zoning Ordinance and/or variances to sections 5.1 and 5.2.3 of the Wilton Zoning Ordinance has been continued to Saturday, October 4, 2025. If granted, the requested relief would allow a home-based farmstead business as a home occupation, including producing and packaging items such as canned goods, infused oils, baked goods, and handmade crafts (e.g., candles, leather journals), and selling these goods from the home and elsewhere, and to allow the growing of herbs, vegetables, and fruit, and the keeping of small farm animals such as chickens, rabbits, and sheep on Lot L-4, 68 Burns Hill Road, where agricultural uses, including the keeping of livestock, are not a permitted use in the Residential District, and a proposed farm stand would be closer to Burns Hill Road than allowed by the Ordinance.

Minutes

Minutes of the hearing.

Saturday, October 4, 2025 — Site Visit

Notice

Stephanie Lingley- Kirsch has requested a special exception under section 5.3.1 of the Wilton Zoning Ordinance and/or variances to sections 5.1 and 5.2.3 of the Wilton Zoning Ordinance to allow a home-based farmstead business as a home occupation, including producing and packaging items such as canned goods, infused oils, baked goods, and handmade crafts (e.g., candles, leather journals), and selling these goods from the home and elsewhere, and to allow the growing of herbs, vegetables, and fruit, and the keeping of small farm animals such as chickens, rabbits, and sheep on Lot L-4, 68 Burns Hill Road, where agricultural uses, including the keeping of livestock, are not a permitted use in the Residential District, and a proposed farm stand would be closer to Burns Hill Road than allowed by the Ordinance.

The Town of Wilton Zoning Board of Adjustment will meet on Saturday, October 4, 2025 at 9:00 a.m. at 68 Burns Hill Road 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.

Rain date is Sunday October 5 at 9:00.

Minutes

Minutes of the site visit.

Tuesday, October 14, 2025 — Continuation

Notice

Stephanie Lingley- Kirsch has requested a special exception under section 5.3.1 of the Wilton Zoning Ordinance and/or variances to sections 5.1 and 5.2.3 of the Wilton Zoning Ordinance to allow a home-based farmstead business as a home occupation, including producing and packaging items such as canned goods, infused oils, baked goods, and handmade crafts (e.g., candles, leather journals), and selling these goods from the home and elsewhere, and to allow the growing of herbs, vegetables, and fruit, and the keeping of small farm animals such as chickens, rabbits, and sheep on Lot L-4, 68 Burns Hill Road, where agricultural uses, including the keeping of livestock, are not a permitted use in the Residential District, and a proposed farm stand would be closer to Burns Hill Road than allowed by the Ordinance.

The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Tuesday, October 14, 2025 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 Stephanie Lingley-Kirsch for a variance to section 5.1 of the Wilton Zoning Ordinance has been denied without prejudice, because the proposed use is permitted as of right. The purpose of the requested variance was to allow the keeping of small farm animals such as chickens, rabbits, and sheep on Lot L-4, 68 Burns Hill Road, where agricultural uses, including the keeping of livestock, are not a permitted use in the Residential District.

This decision does not address a requested variance to section 5.2.3 or a requested special exception under section 5.3.1, which are part of the same case before the Zoning Board, but have not yet been decided.

The selectmen, any party to the action or proceedings, or any abutter 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, November 13, 2025, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Reason for the Decision

• Per RSA 21:34-a, II(a)(4) and (7), the keeping of chickens, rabbits, and sheep are agricultural operations.
• Per RSA 674:32-a, agricultural operations not addressed with respect to a zoning district are deemed to be permitted in that district.
• The Zoning Ordinance does not address the keeping of livestock and poultry with respect to the Residential District.
• Therefore, the applicant’s proposal to keep small farm animals such as chickens, rabbits, and sheep on her property is a permitted use.
• When a use is permitted as of right, there is no hardship, and therefore a variance cannot be granted to allow the use. Bartlett v. City of Manchester, 164 N.H. 634, 641 (N.H. 2013)
• Therefore, the requested variance to Section 5.1 is denied without prejudice.

Minutes

Minutes of the hearing.

Sunday, November 2, 2025 — Site Visit

Notice

Stephanie Lingley- Kirsch has requested a special exception under section 5.3.1 of the Wilton Zoning Ordinance and/or variances to sections 5.1 and 5.2.3 of the Wilton Zoning Ordinance to allow a home-based farmstead business as a home occupation, including producing and packaging items such as canned goods, infused oils, baked goods, and handmade crafts (e.g., candles, leather journals), and selling these goods from the home and elsewhere, and to allow the growing of herbs, vegetables, and fruit, and the keeping of small farm animals such as chickens, rabbits, and sheep on Lot L-4, 68 Burns Hill Road, where agricultural uses, including the keeping of livestock, are not a permitted use in the Residential District, and a proposed farm stand would be closer to Burns Hill Road than allowed by the Ordinance.

The Town of Wilton Zoning Board of Adjustment will meet on Sunday, November 2, 2025 at 9:00 a.m. at 68 Burns Hill Road 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.

Tuesday, November 11, 2025 — Continuation

Notice

Stephanie Lingley- Kirsch has requested a special exception under section 5.3.1 of the Wilton Zoning Ordinance and/or variances to sections 5.1 and 5.2.3 of the Wilton Zoning Ordinance to allow a home-based farmstead business as a home occupation, including producing and packaging items such as canned goods, infused oils, baked goods, and handmade crafts (e.g., candles, leather journals), and selling these goods from the home and elsewhere, and to allow the growing of herbs, vegetables, and fruit, and the keeping of small farm animals such as chickens, rabbits, and sheep on Lot L-4, 68 Burns Hill Road, where agricultural uses, including the keeping of livestock, are not a permitted use in the Residential District, and a proposed farm stand would be closer to Burns Hill Road than allowed by the Ordinance.

The Town of Wilton Zoning Board of Adjustment will continue its public hearing on this application on Tuesday, November 11, 2025 at 7:00 p.m. in the Wilton Town Hall Courtroom, 42 Main Street.