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Minutes posted at this web site have not been checked for consistency with the printed minutes that are available in the Wilton Town Offices. If you need the definitive minutes of a ZBA meeting, please obtain the printed minutes from the town offices.

August 11, 1999

Voting Board Chairperson Neil Faiman; members Steve Blanchard & Jim Tuttle; alternate members Joanna Eckstrom & Ron Hanisch.
Clerk Diane Nilsson
Agenda
  • Janice and Royden Sanders - special exceptions and variances
  • Steven & Mary McDonough - special exceptions

Chairman Faiman called the meeting to order at 7:45 p.m.

Case # 6/9/99-1 (Continued from July 7)

Janice E. Sanders and Royden C. Sanders, Jr., co-trustees, have applied for: a variance to section 14.3.3 of the Ordinance, to permit a subdivision of lot A-31-1 and the subsequent construction of a home on one of the resulting lots, which would not meet the requirements for setbacks from a wetland in the Watershed District; and a variance from sections 14.3.2 and 3.1.10 of the Ordinance and/or an exception under the terms of RSA 674:41, paragraph II, to permit a subdivision of lot A-31-1 which would result in the creation of a lot which would not have the required frontage on a class V or better road.

Phil Tuomala of Monadnock Survey represented the Sanders' and presented plans dated 8/11/99 which clearly delineated the wetland areas and the proposed house and septic sites on the proposed Lot A-31-1-2. The plan showed 6.3 dry acres and 3.7 acres wet in the 10 acre parcel. The parcel would have 50' of frontage on Tighe Farm Road and 650' on Stiles Farm Road.

Mr. Faiman stated that the request meets the requirements of backlot zoning, in that there is 50' of frontage on a class V road, the lot is 10 acres in size and there are 6 dry acres. However, it does not meet the requirements that the access must be taken from the class V road, and that there be 150' setback from all wetlands, since the request is to take access from a class VI road and to reduce the setback for the house and septic tank to 75'.

Mr. Sanders stated that the seven parcels across from his property, all with frontage on Burton Highway, use class VI access.

Abutter Renville Clark stated that he is concerned about the use of Stiles Farm Road as access by this proposal. He explained that the residents living on the south side of Stiles Farm Road are required to belong to an association which pays for the upkeep of the road. The by-laws set out the costs for the seven lots. If another lot were added, the by-laws would have to be re-written, along with re-calculating the costs for each property owner. He presented the board with copies of his deed, the covenants and the by-laws. He further stated that there is a good reason for why the ordinance requires homeowners to take access from class V roads, and that is so that there will be no issues of road maintenance and who will pay for it.

Resident Mike Pascarella, who lives in the last of the seven houses in the association, stated that he had a concern about another resident using Stiles Farm Road. He said that the condition of the road is marginal now with the current usage. Winters are a challenge, and the grading and drainage are inadequate in a heavy rainstorm or snowmelt, causing horrendous conditions on the road. The situation would be exacerbated by additional traffic which would cause additional wear and tear on the road. It's a class VI road because it's only cabable of handling so much traffic, and we're pushing the limit right now. He felt that if there was a class V road that could be used for access, he would prefer that it be used.

Mr. Sanders stated that if more maintenance work was done on the road, the road would be in better condition.

Mr. Clark stated that he is concerned that if the zoning board allows this property to have access to Stiles Farm Road, other properties on the north side will also want to be granted access.

Mr. Faiman stated that in his opinion Mr. Sanders can subdivide his lot in perfectly legal ways without the need of any variances.

Mr. Blanchard felt that the largest problem is the septic tank setback reduction request.

Mr. Faiman felt that there was no hardship in relation to the setback request.

Mr. Sanders stated that the proposed configuation for a building lot would be the most attractive and would, therefore, bring in the most tax dollars for the town.

Mr. Pascarella pointed out that the current financial burden on the existing property owners on the road is too high to do any more ditching and brush cutting. One more addition will not pay for all that needs to be done. He also stated that the properties at the end of the road have experienced a decline in value because of the condition of the road.

Mr. Clark pointed out that there are also problems at the beginning of the road, including a ditch that forms at the juncture of Tighe Farm Road, and washboarding that happens east of there.

Ms. Eckstrom asked about the possibility of Stiles Farm Road being adopted by the town. Mr. Pascarella answered that according to their by-laws, the financial burden would be theirs to bring the road up to the town's standards. Since he felt that more work would be required than just widening and grading, it would be financially impossible for them to do it.

Mr. Faiman read from RSA 764:41 which seems to imply that that it would be illegal for this proposed lot to take access from other than a class V road.

Mr. Tuttle stated that the main issue here is the wetlands impact and not the road.

Motion Mr. Hanisch moved to deny the variance to section 14.3.3 which would have allowed a 75' setback reduction from wetlands in the watershed district. The motion was seconded by Mr. Tuttle with four in favor and Ms. Eckstrom against.

Mr. Faiman stated that the request for the setback variance was denied by a vote of 4 to 1. 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, August 31, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Mr. Sanders requested withdrawal of his application requesting a variance from sections 14.3.2 and 3.1.10 of the Ordinance and/or an exception under the terms of RSA 674:41, paragraph II, to permit a subdivision of Lot A-31-1 which would result in the creation of a lot which would not have the required frontage on a class V or better road.

Motion Ms. Eckstrom moved to accept the withdrawal, seconded by Mr. Blanchard, with all in favor.

Reasons for the Decision

Motion Mr. Blanchard moved to adopt the following reasons for denial, seconded by Mr. Tuttle. Four were in favor and Ms. Eckstrom abstained.
  1. The lot could be subdivided in a manner which satisfies the requirements of the Ordinance, and there was, therefore, no hardship.
  2. A 50% reduction in the required setback from a wetland in the Watershed District would be inconsistent with the spirit and intent of the Ordinance.

Case # 7/14/99-1 (continued from July 7)

Steven J. & Mary E. McDonough have applied for special exceptions under the terms of sections 11.4(a) of the Wilton Zoning Ordinance, to permit construction of a road across a wetland area, and section 11.4(d), to reclassify as wetland an area that is not now classified as wetland, on Lot H-134, 9 Brown Road.

Mr. Tuttle stepped down from the board since he is an abutter to the McDonough's, so there was a four member board voting.

Robert Todd represented the McDonough's and presented a newly redrawn road proposal based on the recommendations of the Board's engineering consultant, Keach-Nordstrom Associates, Inc. The proposal shows three wetland crossing sites: # 1 is shown to be 600 sq. feet; #2 is shown to be 960 sq. feet; # 3 is shown to be 240 sq. feet, with a total of 1800 sq. feet.

Mr. Faiman gave copies of the Keach-Nordstrom report to all Board members.

The Board was in agreement that this proposal met the requirements of the Ordinance.

Conservation Commission chairperson, John Sargent stated that he was satisfied that this project created a minimal disruption of the wetlands.

Motion Mr. Hanisch moved to approve the requested wetland crossings at or near the locations indicated on the plan titled Land of Steven J. and Mary E. (Clark) McDonough, Map H, Lots 133 and 134, Wilton, NH, showing proposed Wetland Conservation District crossings, dated August 11, 1999. The wetland crossings are not to exceed an area of 750 sq. ft. for crossing #1, 1150 sq. ft. for crossing #2, and 300 sq. ft. for crossing #3. The motion was seconded by Mr. Blanchard with all members in favor.

Mr. Faiman stated that the special exception was granted. 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, August 31, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

OTHER BUSINESS

Minutes - July 7, 1999

Ms. Eckstrom asked to put in the words and shed removed after the words if widened in the second line of the third paragraph on page 5.

Motion Mr. Hanisch moved to approve the 7/7/99 minutes as corrected, seconded by Ms. Eckstrom, with three in favor and Mr. Blanchard abstaining.

Mr. Blanchard stated that because of his work situation, he would like to resign as a board member and become an alternate member.

Mr. Faiman stated that any alternate wishing to fill the board member vacancies created by Steve Blanchard and Carol Roberts should write a letter to the selectmen requesting same.

A motion was made and seconded to adjourn the meeting. All were in favor and the meeting was adjourned at 9:15 p.m.

ATTEST:
Diane Nilsson, Clerk