Town of Wilton, NH

Zoning Board Minutes

July 13, 2004

Voting BoardChairperson Neil Faiman; members Joanna Eckstrom, Carol Roberts & Bob Spear.
ClerkDiane Nilsson
  • Joseph & Margaret Sullivan – special exception (continued)
  • Talisman Properties, LLC – variance (continued)
  • Randi Stein – rehearing
  • Richard L. Sharkey – variances
  • ZBA – proposed changes to applications and meeting times

Mr. Faiman called the meeting to order at 7:30 p.m. and explained that the wrong date was put on the abutter notice for the Randi Stein hearing, so that hearing would need to be continued until the August meeting. He also explained that there would be a four-member board this evening and that applicants could choose to wait a month if they wanted to a full five-member board. He then introduced the board members and explained the board procedure for hearing applications.

Case #6/8/04–2 — SULLIVAN (continued)

Joseph and Margaret Sullivan have applied for a special exception under the terms of section 11.4(a) of the Wilton Zoning Ordinance, to permit the construction of a driveway that will cross a wetland area in conjunction with a proposed subdivision of Lot H – 67, 54 Isaac Frye Highway.

Mr. Faiman noted that this special exception requires two hearings and this is the second of the two.

Raymond Shea, with Sanford Survey, represented the Sullivans and explained that the applicants are proposing a subdivision of about a 40 acre parcel and propose 4 new lots in addition to one already developed lot. 3 of the house lots would be accessed by a private way that would need to cross a wetland. The wetland impact would be 1,380 square feet. The applicant is proposing to install a 24” culvert that is 34’ long. The 4th lot would share a driveway with the already developed lot.

Zoning Board members Mr. Spear, Ms. Roberts and Ms. Eckstrom did site walks. Conservation

Commission member Lynn Draper stated that Chairman Spencer Brooks walked the land and didn’t see any problems with this crossing. The Conservation Commission signed an Expedited Dredge & Fill Permit for the applicant. No abutters or other audience members spoke to the project.

MotionMs. Eckstrom moved to grant the request for the special exception as shown on the plan. The motion was seconded by Mr. Spear and all were in favor.

Case #6/8/04–3 — TALISMAN PROPERTIES, LLC (continued)

Talisman Properties, LLC has applied for a variance to section 8.2.2 of the Wilton Zoning Ordinance, to permit the removal of a proposed and bonded Class V road, specified in a previously approved subdivision plan and not yet built, with the consequence that Lot F – 12 – 4, Gibbons Highway (NH Route 101) would have less than the required frontage on a Class V or better road.

Sam Proctor, representing Talisman Properties, said that he hasn’t yet been able to get a letter of authorization from US Cellular and asked for another continuation of his case.

MotionMs. Eckstrom moved to grant the request to continue the Talisman case until the 8/10/04 meeting. Mr. Spear seconded the motion and all were in favor.

Case #5/11/04–1 — STEIN

The Town of Wilton Zoning Board of Adjustment will hold a new hearing to reconsider the restrictions that it imposed when it granted a special exception to Randi Stein for a home occupation on Lot E – 42, Town Farm Road

Mr. Faiman again explained that he had made an error on the abutter notice, so this hearing would need to be continued.

MotionMs. Eckstrom moved to continue the hearing to the August meeting. Mr. Spear seconded the motion and all were in favor.

Case #7/13/04–1 — SHARKEY

Richard L. Sharkey has applied for variances to sections 8.1 and 8.2.2 of the Wilton Zoning Ordinance to permit a lot line adjustment and subdivision of Lots F – 23 and F –0 24, 369 Gibbons Highway, to allow one of the resulting lots to be used for the construction of a home, which is not a permitted use in the Industrial District, and one of the lots to have less frontage on NH Route 101 than is required in the Industrial District.

ZBA members Mr. Faiman, Ms. Eckstrom & Ms. Roberts visited the site before the meeting.

Richard Sharkey explained that he purchased his property in 1944 and at that time had frontage on Intervale Road. When Route 101 was built in the 1950s, that road cut into his property and he was left with 700’ of frontage on Route 101. He presented a site plan and explained that he has two parcels of land. Lot F – 23 now has 51 acres. It is taxed as one lot but was historically two parcels. Lot F – 24 now has 12.2 acres. If the variance is granted, 7 acres from Lot F – 24 will be added to F – 23, making it a total of 58 acres. That 58 acres will then be subdivided into two lots. The new lot will be about 12 acres in size and about 46 acres will remain with the house. Mr. Sharkey plans to deed the 12 acre lot to his daughter so that she and her husband can build a house on it, allowing them to live close by.

Variances are sought a) to build a house in the Industrial District (8.1) and b) to create a subdivision which ends up with a lot with not enough frontage (8.2.2).

Looking at the tax map, the Board could see that the Sharkey land is surrounded by land zoned industrial in front and on the sides and land zoned residential in back. Ms. Eckstrom said that after her site visit, she couldn’t understand how the Town could have zoned that land or the abutting properties industrial. Mr. Faiman said he had the same reaction when he visited the site. Mr. Spear said that he was in favor of granting the variances. Ms. Roberts agreed.

No abutters or members of the public spoke for or against this request.

MotionMr. Spear moved to grant the two variances to sections 8.1 and 8.2.2 of the Wilton Zoning Ordinance. In connection with a proposed lot line adjustment between lots F–23 and F–24, 369 Gibbons Highway, as shown on the plans submitted to the Zoning Board, the variances will permit the construction of a house on the resulting north-eastern lot, and will allow the resulting north-eastern lot to have only the frontage on NH Route 101 that Lot F–23 has at present. However, if the north-eastern lot is ever used for non-residential purposes, it must be reconfigured to meet the normal frontage requirements of the Industrial District. Ms. Eckstrom seconded the motion and all were in favor.

The Board accepted the applicant’s 5 criteria for granting the variances. (See pages 2 – 6 in the application)


MotionMr. Spear moved that all applicants must include three sets of addressed mailing labels with their abutter list. Ms. Roberts seconded the motion and all were in favor.
MotionMs. Eckstrom moved that applicants seeking a rehearing shall be responsible for paying an application fee and abutters fees as well as providing a list of abutters and three sets of addressed mailing labels. The Board can waive these fees if it finds that the rehearing is necessitated by the Board. Mr. Spear seconded the motion and all were in favor.

The Board decided to suspend implementation of this decision until Mr. Faiman consults with Town Counsel regarding the best way to arrange payment from applicants.

MotionMr. Faiman made a motion to adopt the following policy: The Board will not begin a new case after 10 p.m. and will end meetings at 10:30 p.m. with the understanding that these rules can be overwritten by a unanimous vote of the Board at any time. Ms. Eckstrom seconded the motion and all were in favor.

As a matter of general principle, cases will be continued the following Tuesday or such other date as may be convenient.

Minutes — June 8, 2004

MotionMr. Spear moved to approve the 6/8/04 minutes as written, seconded by Ms. Eckstrom and all were in favor.
MotionMr. Spear made a motion to adjourn the meeting, seconded by Ms. Eckstrom with all in favor.

The meeting was adjourned at 8:55 p.m.

Minutes submitted by Diane Nilsson

Posted: July 19, 2004