Town of Wilton, NH

Zoning Board Minutes

August 10, 2004

Voting BoardChairperson Neil Faiman; members Joanna Eckstrom, Carol Roberts, Jim Tuttle and Bob Spear.
ClerkDiane Nilsson
  • Talisman Properties, LLC – variance (continued)
  • Randi Stein – special exception rehearing

Mr. Faiman called the meeting to order at 7:30 p.m., introduced the board members, explained the procedure for hearing applications and said that the board will not begin a new case after 10 p.m. and will adjourn no later than 10:30 p.m., continuing to a later date if necessary.

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.

Mr. Faiman explained that Attorney Wil Sullivan gave a thorough presentation of the application at the June meeting, but it was discovered that the owners of Lot F – 12 – 4 had not given authorization to act on their behalf. The case was then continued until authorization was received.

Attorney Sullivan represented the applicant and presented the board with a letter of authorization from Manchester/Nashua Cellular Telephone. Since the case was so thoroughly discussed in June, no further presentation was made.

A letter was received from Rath, Young and Pignatelli, representing abutter Monadnock Mountain Spring Water, Inc. in opposition to the proposed variance.

An email was also received from Ralph Buchanan Pears, who is associated with Monadnock Mountain Spring Water, Inc., which included an article from the Maine Sunday Telegram about the devastating effects of relatively minor spills and leaks of fuel oil and gasoline.

The board felt that these communications didn’t address the request at hand.

No abutters or audience members spoke to the request.

Mr. Faiman summarized the request as follows: when Talisman Properties, LLC decided to subdivide the property a number of years ago, the plan called for a class V road to serve all of the lots. Early on Lot F – 12 – 4 was sold to Cellular One, but no other lots have been sold since then.

Now the owners want to cancel the subdivision and consolidate the remaining lots, but that leaves Lot F – 12 – 4 without any road frontage so the owners want to substitute access to the lot with a private deeded right-of-way. (Proposal 1)

MotionMs. Roberts moved to grant the variance for proposal 1 subject to the restrictions that:
  • No change in the existing use of Lot F-12-4 is permitted unless the lot is brought back into conformity with section 8.2.2 of the Ordinance.
  • The Planning Board must be satisfied with the access easement which will guarantee continuing access to Lot F-12-4.
Ms. Eckstrom seconded the motion and all were in favor.

The Board agreed that the reason for granting the variance was that access to the cellular tower on Lot F-12-4 by a private right-of-way is adequate. There is no need for a Class V road just to access this lot. This use will continue and it would be arbitrary to apply the strict letter of the Ordinance in this case.

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 explained that he had made an error on the abutter notice in July, so the hearing had to be continued to this meeting.

Ms. Stein read a four page letter dated 8/10/04 stating reasons why the terms of her original request for a special exception for dance, yoga and movement classes in her barn were better for her and her neighbors than the restrictions that the board imposed in its 5/11/04 decision. (see file)

Abutter Judy Cahoon, 55 Town Farm Road, stated that she would like the board to grant the reconsideration.

Abutters Paul and Lillian Battaglia, 178 Town Farm Road, stated that they were in favor of granting the request.

Ms. Eckstrom said that although she voted for the original restrictions, after time to consider them, she felt the board was far too restrictive and should have granted what Ms. Stein asked for.

Mr. Faiman also felt that he made the wrong decision.

MotionMs. Eckstrom moved to rescind the restrictions that were imposed at the 5/11/04 hearing and replace them with the terms of her original application. Specifically:
  • Client visits are limited to twenty per week.
  • The hours of operation are limited to 9:00 a.m. to 9:30 p.m. every day.
  • No “special hours” or “special activities” which would increase the weekly allotted number of client visits.
Mr. Tuttle seconded the motion and all were in favor.


Minutes — July 13, 2004

MotionMs. Eckstrom moved to approve the 7/13/04 minutes as written, seconded by Ms. Roberts and all were in favor.

There was a discussion about drawings and sketches that often need to accompany applications, and how to clarify the board’s expectations up front for applicants.

The meeting was adjourned at 8:35 p.m.

Minutes submitted by Diane Nilsson

Posted: August 16, 2004