Town of Wilton, NH

Zoning Board Minutes

December 11, 1996

Board Members Chairperson Neil Faiman;members Steve Blanchard, Tom Mitchell and Carol Roberts; alternate member Bob Spear.
Clerk Diane Nilsson
  • Aleksei Sukharev — Special Exception
  • Lois R. Horan-Scheff — Special Exception

Mr. Faiman called the meeting to order at 7:35 p.m.

Case #12/11/96–1 — SUKHAREV

Aleksei Sukharev (applicant) and Howard W. Wagener (owner), Lot H–123, intersection of Potter Road and Captain Clark Highway in the Residential/Agricultural District, requested a special exception under the terms of section 11.4 of the Wilton Zoning Ordinance to place a culvert and fill in order to construct a driveway through a wetland area.

Ms. Dawn Tuomala, representing Mr. Sukharev, presented a letter from the attorney of Mr. Howard Wegener which gave permission for Mr. Sukharev to apply for the special exception.

Mr. Faiman asked Ms. Tuomala if there was a letter from Mr. Sukharev allowing her to represent him. She said there was not, that Mr. Sukharev was supposed to be present.

Mr. Faiman explained that since this application involves a wetland crossing, two meetings would need to be held before coming to a decision. He also stated that Ms. Tuomala would need to present Mr. Sukharev’s letter allowing her representation at that time.

Ms. Tuomala presented a map of the property to the board, then explained that the crossing would be at the far eastern corner of the property. The area to be crossed is a pit and mound situation with little tufts of upland, then wetland, then upland again, mostly Mountain Laurel. The site for the driveway crossing is classified poorly drained soil. Road agent Charlie McGettigan has approved the driveway location and wants it to be 12' wide. One culvert is planned at the lowest point.

Mr. Faiman read section 11.4 (a) of the zoning ordinance and asked if the driveway was flagged. Ms Tuomala showed where the flags were on the map.

The board requested a copy of the soil scientist’s (Dick Bond) report on the suitability of this location for a driveway crossing, from Ms. Tuomala. The board also decided that Mr. Faiman should contact the Hillsborough County Conservation office for their input.

The hearing was continued until the next meeting which will be January 8, 1997.

Case #12/11/96–2 — HORAN-SCHEFF

Lois R. Horan-Scheff, Lot F–152, 151 Captain Clark Highway in the Residential/Agricultural District, requested a special exception under the terms of section 5.3.6(b) of the Wilton Zoning Ordinance to permit a family group daycare for up to 12 children in her home.

Ms. Horan-Scheff explained that she will be operating a family group daycare home per State regulations. The State regs. allow 1 provider and 1 aide with up to 12 pre-school-aged children. No more than 4 of the children can be under the age of 36 months. She plans to operate between the hours of 8:30 a.m. and 12:30 p.m.. She provided the board with maps of the house, the driveway and house and a partial plot plan.

Mr. Faiman read the ordinances 5.3.6(b) and 5.3.1 which are both applicable in this case.

Abutter Jean Eckhart asked what the definition of family group home was. Ms. Horan-Scheff reread the definition. She voiced no opinion on this case.

MOTION: Mr. Mitchell moved to approve the special exception as submitted, seconded by Ms. Roberts with all in favor.

Mr. Faiman stated that Ms. Horan-Scheff would receive written notice of approval within a few days. He further stated that the selectmen, any party to the action or proceedings, or any person 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 Tuesday, December 31, 1996 and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:22)


The board discussed the new application and instructions draft for ZBA applicants which Neil put together.

MOTION: Mr. Mitchell moved to accept the revised instructions and application with the addition that maps be requested on the application, Ms. Roberts seconded with all in favor.

MINUTES - August 14, 1996

MOTION: Mr. Spear moved to accept the 8/14/96 minutes as written, seconded by Ms. Roberts with Mr. Spear, Ms. Roberts and Mr. Mitchell in favor. Mr. Faiman & Mr. Blanchard abstained.
MOTION: Mr. Spear moved to adjourn the meeting, seconded by Mr. Blanchard with all in favor.

The meeting was adjourned at 8:25 p.m.

Diane Nilsson, Clerk

Posted: 12/17/96