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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.

December 10, 2002

Voting Board Chairperson Neil Faiman; members Joanna Eckstrom & Bob Spear; alternate members Eric Fowler & Ron Hanisch.
Clerk Diane Nilsson
  • York River, LLC – special exception
  • Flat Iron Realty Trust – variances
  • David Labnon & Patricia Walker – special exception & variance

Case #12/10/02-2 — FLAT IRON REALTY TRUST

Mr. Faiman called the meeting to order at 7:33 p.m. and explained to the audience that the hearing for Case# 12/10/02 – 2 Flat Iron Realty Trust would not be heard this evening. The board received a letter from applicant Sam Proctor requesting a continuance to the January meeting.

Motion Ms. Eckstrom moved to continue the hearing for Flat Iron Trust to the January meeting. Mr. Spear seconded the motion and all were in favor.

Mr. Faiman then explained the board procedure for hearing cases: 1) to ask the applicant to explain what the proposed used is 2) why they need approval from the zoning board to permit that use and 3) why they think the zoning board should give that approval. Once the board has a description from the applicant, members of the zoning board will be able to ask questions and get additional information that they may feel is missing in order to clarify what is being proposed. Once the zoning board is satisfied that they understand the request, then any members of the public or abutters who may be present will have the opportunity to ask questions, provide additional information or offer opinions. Once all the information has been collected, the zoning board will then consider the case and, under normal circumstances, reach a decision the same evening.

Case #12/10/02-1 — YORK RIVER, LLC

York River, LLC has applied for a special exception under the terms of section 11.4(a) of the Wilton Zoning Ordinance, to permit the construction of a roadway which will cross a wetland at an existing culvert to access a proposed subdivision of lots C-35 and C-53, Marden Road.

Bill Davidson of Meridian Land Services represented the applicant, however Scott Gauthier of York River, LLC was present. He handed out plans and explained that parcels C-53 and C-35 together total a little over 38 acres. The applicant is proposing a 16 lot subdivision. The planning board has requested a loop road rather then a dead end cul-de-sac, therefore necessitating a wetland crossing. The crossing will require a 48” culvert and will be located where a 36” culvert now exists. The culvert will be 40’ long and the road will be 20’ wide. Total wetland disturbance will be 2,743 square feet.

Abutter Marge Larpenter stated her concerns about road safety. Abutter Harry Smith also stated his concern about so many houses being built, the traffic that will be generated etc. Abutter Priscilla Bergeron voiced concern about a brook near her property and how it might be affected by the road construction.

The board agreed to make a site visit Saturday, December 14 at 10 a.m. Mr. Davidson asked that the Conservation Commission be notified so that they could make their visit at the same time. Mr. Faiman agreed to notify them.

Motion Ms. Eckstrom moved to continue this hearing to the January meeting. Mr. Spear seconded the motion and all were in favor. The hearing will be continued on January 14, 2003.


David M. Labnon and Patricia Walker have applied for a special exception under the terms of sections 11.4(a) of the Wilton Zoning Ordinance, to permit the construction of a driveway which will cross a wetland area to access a proposed subdivision of lot C-17, Marden Road.


David M. Labnon and Patricia Walker have applied for a variance to the terms of sections 6.3.1 and 6.3.5(a) of the Wilton Zoning Ordinance, to permit a single common driveway to serve more than two reduced frontage lots in connection with a proposed subdivision of lot C-17, Marden Road.

Special Exception request:

Attorney Alexander Buchanan and Jack Kelly of Meridian Land Services represented the applicants, who were also present. Mr. Buchanan explained that the applicants propose a 5 lot subdivision on lot C-17, which is a little over 20 acres in size. He touched on the variance request but explained the wetland crossing request in more detail. Wetland Scientist Tim Ferwerda explained that the wetland crossing will have a total impact of 2,005 square feet and that they chose the spot where the wetland was at its most narrow. The culvert will be 52’ long and the driveway will be 16’ wide. Mr. Kelly said that he spoke to Wilton Conservation Commission chair, Spencer Brooks, after the November Planning Board meeting, and Mr. Brooks indicated that the Commission was most concerned about protecting the aquifer in that area but did not have any particular concerns about the wetland crossing.

Mr. Faiman read a letter from abutters Paul & Susan Putnam which raised a number of concerns. Concern #1 states that the proposed driveway location subjects the existing wetland area, where their property is located, to a significantly increased volume of surface rainwater run-off, which culverts in the area might not be able to handle and which will likely affect the stability of their driveway. (See file) Mr. Putnam, in person, added that all the properties down the hill from the proposed development have problems already with large amounts of water in the spring and seasonal wet periods, and that he believed the culverts under Marden Road to be only 12” in diameter.

Mr. Davidson said that the proposed culvert is 18” in diameter. He also said that the driveway installation will keep some of the rainwater from flowing onto the Burns & Putnam properties as quickly, because it will be caught and directed into the new culvert.

Mr. Faiman said that two questions need to be answered: (1) whether the increase in impermeable area, the driveway in particular, will accelerate the runoff so that you get more volume of rain coming off the hillside whereas some of the water might have been absorbed by the hillside and come down a little more slowly without the driveway there and (2) whether some of the existing flow was entirely to the north side of the proposed driveway and will now be caught by the road and brought down to the south side. There was much discussion about these issues but no resolution.

The board scheduled a site visit for Saturday, December 14 at 10:30 a.m.

Motion Ms. Eckstrom moved to continue the hearing for case # 12/10/02-3 until January 14, 2003. Mr. Fowler seconded the motion and 4 were in favor and Mr. Spear abstained.

Variance requests:

Attorney Buchanan explained that lot C-17-2, which is a reduced frontage lot, currently has access across a common driveway easement on lot C-17-5. From a planning standpoint, this arrangement is not as attractive as allowing C-17-2 to take its access from the new proposed common driveway. Because of its proximity to Route 101, the current shared driveway is somewhat dangerous. He read through the five variance criteria.

Mr. Faiman explained that the applicant is actually asking for two variances: one is asking to be allowed three reduced frontage lots on one shared driveway, rather than two, and the other is asking that lot C-17-2, which has frontage on Goldsmith Road, be able to access its property via the shared driveway off Marden Road.

The board decided to wait until next month to decide these variance requests.

Motion Ms. Eckstrom moved to continue the hearing for case #12/10/02-4 until January 14, 2003. Mr. Spear seconded the motion and all were in favor.


At this point, member Carol Roberts joined the board.

Minutes — October 8, 2002

Motion Ms. Roberts moved to accept the 10/8/02 minutes. Ms. Eckstrom seconded and 4 were in favor. Mr. Spear and Mr. Hanisch abstained.

The board discussed whether to require applicants to provide 7 copies of applications and accompanying documents, as the Planning Board requires, and also whether to require three sets of mailing labels instead of the two that are now required.

Motion Mr. Spear moved to adjourn the meeting. Mr. Hanisch seconded the motion and all were in favor. The meeting adjourned at 9:32 p.m.

Respectfully submitted,
Diane Nilsson, Clerk
Posted: 12/16/02