Town of Wilton, NH

Zoning Board Minutes

March 14, 2001

Voting Board Chairperson Neil Faiman; members Bob Spear & Jim Tuttle; alternate member Ron Hanisch.
Clerk Diane Nilsson
Agenda E.B. Frye & Son, Inc. & Harland H. & Thelma M. Savage—Special Exception

Case #3/14/01–1 — FRYE & SON

Mr. Faiman called the meeting to order at 7:32 p.m. and explained to the applicants that there would be only a four-member board to hear the case this evening and that for the special exception to be granted, there would need to be three affirmative votes. He said that the applicants could choose to postpone the hearing a month in hopes of applying in front of a five-member board. The applicants chose to go ahead with this board.

Mr. Faiman then provided some background information. He said that although a number of lots in the Frye Mill complex are zoned commercial, they are also located within the watershed district. The language in the watershed district section of the zoning ordinance said that only agricultural and residential uses were permitted in the watershed district. The planning board felt that this had been an oversight and so to correct it, they placed a zoning amendment on the town warrant which passed on 3/13/01. That amendment goes into the Watershed District portion of the ordinance and is numbered 14.7.1. It says:

Commercial and Industrial Uses
The ZBA may, in appropriate cases, subject to appropriate conditions, permit commercial or industrial uses in the Watershed District as a special exception provided it is permitted in the underlying zoning district and complies with the requirements of sections 14.1 purpose, 14.3 lot requirements, and 14.6 performance standards.

14.7.1 is now part of the zoning ordinance and we now have an application for a special exception under that particular clause. An application for permission to use these particular lots, which are zoned commercial but are in the watershed district, for a commercial purpose. This requires that the zoning board find that the proposed use is consistent with the intention of the watershed district and with the restrictions and protections intended in that district.

Dawn Tuomala of Monadnock Survey and Harland Savage, Jr. represented E.B. Frye and Son, Inc. Ms. Tuomala passed out site plans dated 11/28/00. She and Mr. Savage explained that the applicants wish to renovate existing buildings without enlarging them. They may also turn an existing carriage shed and an existing blacksmith shop into commercial uses of some type. They may also turn two current residences into shops, possibly an antique shop, bookshop and/or a tea shop/restaurant type facility. This would create additional commercial activity on the site.

Mr. Faiman pointed out that the zoning board has to focus on whether the proposed enlargement of the commercial activity at Frye’s Mill is compatible with the intent and restrictions of the Watershed District. If the board finds that the proposed increased commercial use is compatible with the intentions and restrictions of the Watershed District, then the board should approve the special exception. It would then go on to the planning board for site plan review.

Mr. Faiman then read the appropriate Watershed District requirements:

14.1 Purpose: The purpose of the Watershed District is to preserve the quality of the water and to protect the health and welfare of the residents of the Town of Wilton by minimizing sources of pollution through regulation and restriction of population density and activity, and by keeping organic and inorganic wastes to a minimum.
14.3 Lot Requirements: Minimum lot size six (6) acres per dwelling unit excluding wetlands, land within the 100 year floodplain and land within the deeded flowage rights to the State of New Hampshire Flood Control System. (Amended March 1992.)
14.3.3 Setbacks: No residence, building, structure, septic system or its containment area, drainage outfall or feed lot shall be located less than two hundred (200) feet from open water and perennial streams nor less then one hundred-fifty (150) feet from intermittent streams, the 100 year floodplain, the deeded flowage rights to the State of New Hampshire Flood Control System, or any wetland. (Amended March 1992.)

Ms. Tuomala explained that the applicants are proposing a new septic system which does meet the Watershed District requirements which will replace the old septic system that does not meet these requirements.

Abutter Corinne Blagbrough stated that she had no objections to granting the special exception.

Neighbor Peggy Hardy stated her approval for granting the special exception.

Mr. Faiman read a letter from resident Ken Sullivan in which Mr. Sullivan voiced his concern regarding increased commercial use of the property, how that might increase traffic in the area, and that he had heard that the property had been advertised with Historic Properties, a real estate broker. He was concerned that if the property were sold, the ZBA place constraints such that the scale of operations be prevented from growing into a community problem. (See file.)

Neighbor Glenn Connell stated his concern for the increased traffic that might be generated from the expanded commercial use and that would be driving on Davisville Road.

Mr. Savage stated that Historic Properties has been helping Frye’s Mill to find appropriate tenants for some of the buildings. He also listed some of the ideas that he has for the increased commercial uses: a bookstore; an antique shop; a tearoom or restaurant; colonial furniture and craft studios or stores. Not necessarily all of them, but some combination.

Motion Mr. Hanisch moved to grant the special exception to 14.7.1 to permit the renovation of existing buildings on lots A-23, A-24, A-25, and A-28, Burton Highway and Frye Mill Road, in the Watershed and Commercial Districts for permitted commercial uses, with parking on lots A-27 and A-28, allowing expanded commercial activities within the existing buildings, consistent with the submitted site plan. Mr. Tuttle seconded the motion and all were in favor.

Mr. Faiman stated that the applicants would receive a Decision Notice by mail in 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 Friday, April 13, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)


Minutes — January 29, 2001

Motion Mr. Spear moved to approve the 1/29/01 minutes as written. Mr. Hanisch seconded the motion and three were in favor and Mr. Tuttle abstained.

A motion was made, seconded, and all were in favor, to adjourn the meeting. The meeting was adjourned at 8:15 p.m.

Respectfully submitted,
Diane Nilsson, Clerk