Town of Wilton, NH

Zoning Board Minutes

January 13, 2004

Voting Board Chairperson Neil Faiman; members Carol Roberts, Bob Spear & Jim Tuttle; alternate member Ron Hanisch.
Clerk Diane Nilsson
  • Senator Development, LLC – special exception
  • Debora Diffley – variance and special exception

Mr. Faiman called the meeting to order at 7:35 p.m., introduced the board members and explained the procedures for hearing cases. He further explained that the first case, a wetland crossing request, requires two hearing before it can be granted.


Senator Development, LLC, has applied for a special exception under the terms of Section 11.4 of the

Wilton Zoning Ordinance to permit the construction of a driveway that will cross a wetland area in order to access a proposed house lot, in conjunction with a proposed subdivision of Lot F – 95, Isaac Frye Highway.

Raymond Shea, of Sandford Surveying and Engineering, represented the applicant and explained that as part of a 16 lot subdivision of Lots F – 95 and F – 98, the applicant is requesting a wetland crossing to be able to access the newly created Lot 95 – 9. The crossing will encompass 485 square feet and the applicant will install an 18” culvert that is 21’ long. Mr. Shea walked the site the Conservation Commission Chair Spencer Brooks, but there was snow on the ground so Mr. Brooks made no comment about the crossing because he couldn’t see the ground. Mr. Shea said that they could cut a driveway just west of Lot 95 – 8, but it would involve very deep cuts along the side of the driveway and more forest disturbance than they would like. They are trying to keep the number of driveways to a minimum in the subdivision.

Abutter Charles McGettigan was present but had no objection to the request.

Motion Mr. Spear made a motion that the board not require further engineering plans besides those presented at this hearing. The motion was seconded by Mr. Tuttle and all were in favor.

Conservation Commission member Lynne Draper said that Spencer Brookes will send something in writing to the board before the next meeting.

Motion Ms. Roberts moved to continue the Senator Development, LLC case to the February 10 ZBA meeting. Mr. Tuttle seconded the motion and all were in favor.

Case #1/13/04–2 — DEBORA DIFFLEY

Deborah Diffley has applied for a variance to sections 8.1 and 8.5 of the Wilton Zoning Ordinance, and for a special exception under the terms of section 8.6.1 of the Ordinance, to allow the use of the existing house on Lot F – 165, at the intersection of NH Route 101 (Gibbons Highway) and NH Route 31

(Greenville Road), for a retail shop selling antiques and collectibles, while simultaneously allowing the continuation of the grandfathered non-conforming use of the same house as a single-family residence.

Mr. Faiman stated that he has heard preliminary presentations on this same use as a member of the Planning Board. He said that the Planning Board felt that Ms. Diffley could use the house as a residence, because it is a grandfathered non-conforming use as a residence in the industrial district. Or she could use it for a commercial use, because commercial use is allowed in the industrial district, but that she would need a variance to be allowed both uses.

Ms. Diffley explained that her plan is to use the downstairs area of the home for a retail antiques & collectibles business while living upstairs. She plans no new construction and is planning to work with Wilton NRPC representative Steve Wagner to come up with a parking plan.

The board noted that Lot F – 166, next door to Ms. Diffley on the 101 side is a residential use, and Lot F – 166 – 1, on Route 31, is an industrial use. Both properties are in the industrial district.

Abutter Bob MacFarland, F – 166, had no objection to the request.

Mr. Faiman explained that the variance requests to 8.1 and 8.5 are to allow residential use in the industrial district. The special exception request under the terms of section 8.6.1 is to allow an industrial or commercial use on less than 2 acres. Ms. Diffley’s lot is .5 acres. He further said that because of the commercial use request, the board needs to see a site plan drawing that shows traffic flow and parking. The board also needs to know hours of operation, potential customer traffic and anything else that is mentioned in 8.6.1 and 4.4.

Abutter David Glines said that he had no problem with the idea of the request but would need to see a site plan before fully supporting it.

Mr. Faiman read the list of requirements of section 4.4 and pointed out which ones need to be addressed by the applicant.

Motion Mr. Spear moved to continue the case to the February 10th meeting, so that the applicant can bring in additional information that the board has requested. Mr. Hanisch seconded the motion and all were in favor.


Minutes — December 16, 2003

Motion Mr. Spear moved to approve the 12/16/03 minutes as written. Mr. Hanisch seconded the motion and two were in favor with Mr. Faiman abstaining. The motion passed.


Mr. Faiman handed out a request for a rehearing from Corinne Blagbrough that was received on January 12th.

Motion Mr. Spear moved to schedule the rehearing for the next regular meeting, February 10th which is within the 30 day window. Ms. Roberts seconded the motion and four were in favor with Mr. Hanisch voting no.
Motion Mr. Tuttle moved to adjourn the meeting. Mr. Hanisch seconded the motion and all were in favor. The meeting adjourned at 9:15 p.m.

Respectfully submitted,
Diane Nilsson, Clerk
Posted: 1/19/03