Skip navigation.

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.

January 14, 2003

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

Mr. Faiman called the meeting to order at 7:30 p.m.

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.

Mr. Faiman said that He, Ms. Eckstrom and Mr. Spear toured the property. Ms. Roberts & Mr. Fowler drove by the property.

Bill Davidson of Meridian Land Services represented the applicant and summarized the presentation that he gave last month. He 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 with 2’ shoulders.

Total wetland disturbance will be 2,743 square feet. The distance from the proposed road to Goldsmith Road is 85’.

Conservation chairman Spencer Brooks said that the Commission had no problem with the culvert or the wetland crossing, but the have many concerns about the overall subdivision; the intensity of land use, the increased runoff that will be created, the loss of aquifer and therefore water absorption, and the amount of added stream flow behind the Parker house.

Mr. Davidson said that drainage calculations and all the details about the road construction have been submitted to the Planning Board. He showed the board where the various catch basins and ditches would be constructed along the roadway. He said that the retention basin at the bottom of the road would have a volume of 7,260 cubic feet. The proposed 48” culvert could handle water at a speed of 83.2 cfs.

Motion Ms. Eckstrom moved to approve the wetland crossing as shown on the plan. Mr. Spear seconded the motion and all were in favor.

Mr. Faiman said that the request had been granted and the applicant will receive notice of such in the mail. He further stated, the selectmen, any party to the action or proceedings, or any person directly 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 within 30 days and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2) This decision shall expire on January 14, 2005 if construction of the road has not begun by that date (Wilton Zoning Ordinance section 17.4)

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

Flat Iron Realty Trust has applied for a variance to the terms of sections 6.2.1(c) and 12.3(c)(2) of the Wilton Zoning Ordinance, to permit the construction of a two-family dwelling on Lot C – 91, at the corner of NH Route 101 and Wilton Center Road, where the ordinance would allow only a single-family dwelling.

Sam Proctor represented the applicant and explained that the 3 acre lot is in the Residential/Agricultural District as well as the Aquifer Protection District. Normally, 4 acres would be required for a two-family dwelling not on Town water and sewer, but because of the underlying Aquifer Protection District, 8 acres are required for a two-family. He said that he has been unable to sell this lot for the last 14 years as a single- family lot. He had test pits done on the lot and had the results calculated by Meridian Land Services. Those results found that the lot could support a 12 bedroom single-family residence according to NHDES regs.

He said that perhaps the zoning regulations are too restrictive in this case because the owners of the parcel are not having reasonable use of the land. He said that if the variances are granted he would like to be able to build two 3-bedroom units.

Spencer Brookes said that the Conservation Commission did not know about this application and might have concerns because of the brook running through the property of the easterly side. He said that the Commission should evaluate the proposal before approval.

Mr. Faiman said that in his opinion there isn’t enough of an argument for granting the variances to bother sending the application to the Conservation Commission. This is a substandard lot of record. Even though 4 acres are required for a single-family residence, the Ordinance allows a SFR to be built on this 3 acre lot. But the applicant is asking to more than double the use that the Ordinance allows which goes against the spirit of the Ordinance and there is no hardship in this case since the applicant can build a SFR. And even though someone could build a SFR with more bedrooms than the proposed 6, the Town has chosen to regulate density by dwelling units, not by numbers of bedrooms. He further said that he doesn’t see that granting the variances would achieve substantial justice because the applicant can build a SFR on the lot.

Ms. Eckstrom said that she felt the request was not unreasonable. Ms. Roberts said that she agreed with Mr. Faiman & felt that this application goes against the spirit of the Ordinance.

Motion Ms. Eckstrom moved to continue the case until the Conservation Commission has the opportunity to walk the property. There was no second to the motion.
Motion Mr. Fowler moved to deny the variance requests on the grounds that there is no unnecessary hardship and that the requests do not satisfy the spirit of the Zoning Ordinance. Ms. Roberts seconded the motion. 4 voted yes and Ms. Eckstrom voted no.

Mr. Faiman said that the request had been denied and the applicant will receive notice of such in the mail. He further stated, the selectmen, any party to the action or proceedings, or any person directly 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 within 30 days and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)

Case #12/10/02-3 — DAVID LABNON & PATRICIA WALKER

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.

Case #12/10/02-4 — DAVID LABNON & PATRICIA WALKER

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.

Mr. Faiman said that he, Ms. Eckstrom & Mr. Spear visited the site.

Attorney Alec Buchanan as well as Bill Davidson and Jack Kelly with Meridian Land Services represented the applicants.

Spencer Brooks said that the Conservation Commission is concerned with how large this wetland crossing is and asked if it would be possible to locate the road on the west side of the property, nearer to Route 101. Mr. Faiman said that while viewing the property, they looked at relocating the road to the west side but he said that the road would be too steep to be practical. Mr. Kelly reminded the board that the Wilton road agent said that locating the road there would be too close to Route 101 and would pose a danger.

Mr. Brooks said that the Commission is also concerned about the fact that the proposed wetland crossing is 10’ high, steep and with a significant curve making the danger of an oil spill or some other kind of accident a worry. Mr. Spear said that at the site visit the owner said that there will be guard rails installed for 150’, the full length of the crossing. Mr. Spear asked if the applicant could say how much fill will be brought in for the crossing. The answer was 440 yards.

Abutter Bill Burns – 247 Marden Road said that except for the last three years, there has been a perennial stream running down where the proposed road will go, onto his property.

Mr. Davidson said that after last month’s meeting, he designed a catch basin based on what would be needed to meet the 25 year storm standard, near the bottom or beginning of the roadway which will keep the runoff from going down the hill all at once. In fact, he claimed that less water will flow onto abutter properties after this project is complete than flows now.

Mr. Burns still concerned that the 12” culvert in his yard won’t be able to handle all the water. He said that in addition to rain, there are a number of springs on the property in question that add to the flow coming down onto his property.

Abutter Paul Putnam said that he is cautiously optimistic that the catch basin will be able to handle the additional water created by roadway. He said that when you build a 15’ wide road 150’ long, that is a large water absorption area that is being displaced.

Mr. Burns also stated his concern that the normal everyday chemicals created by the proposed lots as well as by traffic on the proposed road will be washed into the wetlands and sometime in the future become a pollution problem. He wanted to know who would be responsible for cleaning this up if it happened. Mr. Brooks asked if there is any vegetation that absorbs road contaminants better than others. Mr. Davidson didn’t know of any.

Ms. Eckstrom said that she feels better about the road with the addition of the detention basin which should stabilize, and at best minimize the impact of the road on surrounding properties & the wetlands.

Mr. Faiman said that this road proposal accesses the proposed lots in the most practical way. The additional detention basin eases his concern about runoff even though he is not thrilled with the total magnitude of the wetland crossing and the fill involved. He also said that if the board is inclined to grant the special exception, then the board should also grant the variances so that all 4 of the proposed lots can be accessed by the same road. Mr. Spear agreed with Mr. Faiman.

Ms. Roberts felt that this subdivision and wetland crossing in this particular location is an overuse of what the land there can take. Mr. Buchanan pointed out that three of the lots are over 5 acres, much larger than they need to be to meet Wilton Subdivision Regulations.

Motion Ms. Eckstrom moved to grant the special exception in accordance with the plan dated 1/14/03 which includes a detention basin on the uphill side of the wetland crossing subject to the requirement that guardrails be placed on both sides of the road for the first 150’ off of Marden Road. Mr. Fowler seconded the motion. 4 voted yes and Ms. Roberts voted no.
Motion Ms. Eckstom moved to grant variances to sections 6.3.1 and 6.3.5(a) to permit proposed Lot C-17-2 to be accessed from the common driveway entering from the north/south portion of Marden Road. Mr. Fowler seconded the motion. 4 voted yes and Ms. Roberts abstained.

Mr. Faiman said that the requests had been granted and the applicant will receive notice of such in the mail. He further stated, the selectmen, any party to the action or proceedings, or any person directly 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 within 30 days and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2) This decision shall expire on January 14, 2005 if construction of the road has not begun by that date (Wilton Zoning Ordinance section 17.4)

OTHER BUSINESS

Minutes — December 10, 2002

Motion Mr. Spear moved to accept the 12/10/02 minutes as written, seconded by Ms. Eckstrom with all in favor.

The meeting was adjourned at 10 p.m.

Respectfully submitted,
Diane Nilsson, Clerk Posted: 1/20/03