Town of Wilton, NH

Zoning Board Minutes

July 9, 1997

Voting Board Chairperson Neil Faiman; members Carol Roberts and Jim Tuttle; alternate members Joanna Eckstrom and Bob Spear.
Clerk Diane Nilsson
  • John Barnes - Special Exception continuation
  • U.S. Cellular - Request for rehearing

Mr. Faiman called the meeting to order at 7:37 p.m.

Case #6/11/97-3 BARNES continuation.

John G. Barnes, Lot F-012-1, NH Route 101, in the Industrial District requested a special exception under the terms of section 11.4(a) of the Wilton Zoning Ordinance to permit a driveway crossing through a wetland area.

Mr. Faiman explained that the Board had heard the evidence in this case last month and then tabled it according to ordinance requirements. He stated that Hillsborough County Conservation district is no longer offering free consultations to towns, so no outside consultation was made regarding this case.

Matt Peterson ,with T.F. Moran, reiterated that there will be only one wetland crossing, comprising 2800 sq. ft. A crossing under 3000 sq. ft. is considered minimal impact. He explained that the impact will reduce a 15’ wide stream down to 3’ while going through a 36” culvert. He further reiterated that the entrance to this parcel will not be the entrance used for further development on the larger F-012 parcel.

The Board spent some time studying the plans and discussing whether there was a better way to access F-012-1 through F-012. Mr. Tuttle felt that the owners of F-012 should have developed the road to access the parcels first before selling off this piece. Mr. Peterson also stated that the owner of Lot F-012-1 has agreed to tie in with town sewer within five years of when it is brought to the site. At the last meeting it was believed that Mr. Proctor (the Realtor) stated that the owner would tie in with water and sewer. Mr. Peterson thought that was incorrect. Mr. Peterson also reiterated that the State is requiring them to use the curb cut that is on the class V road to access Lot F-012-1. That is why the 2800 sq. ft. wetland crossing is required.

Mr. Faiman stated that it seems reasonable to grant the wetland crossing because there is a five-acre parcel that reasonably accommodates the sort of use that's being proposed for it. At the same time, it's probably just as reasonable to not grant it and to say that this 80 acres (F-012) should be developed more carefully, trying to preserve the wetland areas when planning roads and building sites.

Mr. Spear wanted to know if there were any fish or other living things that would be affected by the crossing. Mr. Peterson couldn't provide any information.

Motion Ms. Eckstrom moved to approve the special exception wetland crossing based on the information in the application and the plan, seconded by Mr. Tuttle with all in favor.

Mr. Faiman stated that the applicant would be receiving a notice of approval shortly. He also stated that the selectmen, any party to the action or proceeding, 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, July 29, 1997 and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:22)

Mr. Peterson asked Mr. Faiman to also send him the notice of approval for the septic variance which was granted last month.

U.S. CELLULAR - request for rehearing.

Mr. Faiman distributed a letter from Attorney Greg Michael, dated June 26, 1997, requesting a rehearing of the Application for Variance heard on June 11, 1977, for the Board to read. The Board discussed how they had come to their decision on June 11 that U.S. Cellular’s application did not differ materially in nature and degree from their previous application which was heard and decided. Mr. Faiman reminded the Board that the burden was on the applicant to prove that their application was different in nature and degree, and that the Board found that even though the new application was for a tower 60’ shorter than the first application, the Board did not take the height of the tower into consideration when making its findings. The original decision was made solely on the finding of no hardship.

Motion Mr. Spear moved to deny the request for a rehearing on the grounds that the request for a rehearing is basically a request to bring additional information to the issue of material difference in nature and degree. The Board maintains that the applicant should have known that that was a relevant issue that would have to be addressed and should have presented their evidence on that point at the hearing on June 11, 1997. The motion was seconded by Ms. Eckstrom with all in favor.


MINUTES - JUNE 11, 1997

Motion Ms. Eckstrom moved to approve the 6/11/97 minutes as written, seconded by Ms. Roberts, with all in favor.


Mr. Faiman presented the Board with an incomplete application from Clifford L. Robbins. The Board decided to ask the clerk to send it back to the applicant to be filled out completely.

Motion Ms. Roberts made a motion to adjourn the meeting, seconded by Mr. Tuttle, with all in favor.

The meeting was adjourned at 9:15 p.m.


Diane Nilsson, Clerk