Town of Wilton, NH

Zoning Board Minutes

December 14, 2004

Voting BoardChairperson Neil Faiman; members Joanna Eckstrom, Carol Roberts, Jim Tuttle & Bob Spear; alternate members Eric Fowler & David Laponsee.
ClerkDiane Nilsson
  • Thomas M. Quinn and James W. Quinn, Jr. – variance (continued)
  • Ken and Shari Smith – special exception
  • Pine Hill Waldorf School (owner) and the Center for Anthroposophy
  • (applicant) – special exception

Mr. Faiman called the meeting to order at 7:30 p.m., introduced the Board members and explained the procedure for presenting a case to the Board.

Case #11/9/04–3 — QUINN

Thomas M. Quinn and James W. Quinn, Jr. have applied for a variance to Section 12.3(c)(2) of the Wilton Zoning Ordinance, to permit the subdivision of Lots C-99-1 and C-99-2, Wilton Center Road, into three lots, one of which would have less area than is required by the Zoning Ordinance for a residential lot in the Aquifer Protection District. (continued from November 9)

Board members Joanna Eckstrom and Carol Roberts recused themselves from this hearing and alternate members Eric Fowler and David Laponsee took their places as voting members.

Tom Quinn explained that in 1992, the previous owner of Lot C – 99 received a variance from the Zoning Board to permit a subdivision of the property very similar to what he is proposing. The Planning Board, however, would not grant the subdivision because the (currently) proposed Lot C – 99 – 3 was too high. The Board said they could approve it if the applicant removed material and brought down the hill. Because the applicant wasn’t able to remove the gravel from the lot, he gave up, and in 1994 created a two-lot subdivision. In 1997 the Quinn brothers purchased the property and thought that the 1992 variance was still valid. They didn’t realize that if not acted upon, variances run out in two years. Since 1997 the Quinns have mined the hill for gravel & sand, regraded and seeded the land. He hoped that the ZBA would grant an extension of the original variance.

The Board looked at post-excavation plans that were approved by the Planning Board.

Mr. Quinn stated that if he is granted the variance and is able to build on the 2.87 acre lot, the leachfield will be located 700' from the brook and the State requires that it be located at least 75' from the brook. He said that the septic system will be 40' above the aquifer and the State requires only 8'. Mr. Quinn read the reasons for the decision made by the ZBA in 1992.

Mr. Faiman explained that an extension might be granted if an applicant were to come in close to the time of their deadline, but not years after the fact. He further stated that since there has been excavation on the site, it is a different application as well.

Joanna Eckstrom asked about the number and location of driveways. Mr. Quinn said that one more driveway would be constructed, near the current driveway, and it will serve two lots.

Abutter Wallace Tyler, 110 Wilton Center Road, asked about storm water runoff. He said that there is a great deal of runoff right now and wanted to know what would happen if the subdivision goes through. Mr. Quinn explained that the Planning Board will require detention and retention plans as part of the subdivision.

Spencer Brookes, Wilton Conservation Comm., said that the Commission had concern about the proximity of the driveway to the brook as it relates to the Federal Salmon Release Program Site.

Board members wanted to see current detailed topography and soils maps before making a decision.

MotionMr. Spear moved to continue the case until 1/11/2005 so that the applicant can provide documentation of current topography and soils information about the property to enable the Board to make a more informed decision. The motion was seconded by Mr. Tuttle and all were in favor.

Case #12/14/04–1 — SMITH

Ken and Shari Smith have applied for a special exception under the terms of Section 5.3.1 of the Wilton Zoning Ordinance to allow the operation of a wedding and portrait photography business as a home occupation on Lot F – 42 – 1, 116 Intervale Road.

Ms. Eckstrom and Ms. Roberts rejoined the voting Board and the alternate members became participants only.

Ken Smith explained that he has a wedding/portrait business in his home. Most of his work is done at weddings and banquet halls, etc. but he does have a portrait studio in his cellar and he shoots some portraits in his yard. He shoots only digital photos so has no darkroom or chemicals.

He stated that he has approximately 2 – 5 client visits per week, works by appointment only between the hours of 8 a.m. and 8 p.m., and has room to park 8 – 10 cars. Ms. Eckstrom drove by the site and confirmed the number of parking spaces.

MotionMr. Spear moved to grant the special exception for a home occupation for a wedding and portrait photography business as outlined in the application and plans submitted by the applicant. It is granted subject to the restrictions that there will be no commercial use of darkroom/developing chemicals, and that client visits are to be by appointment only. The motion was seconded and all were in favor.


Pine Hill Waldorf School (owner) and the Center for Anthroposophy (applicant) have applied for a special exception under the terms of Section 5.3.6(d) of the Wilton Zoning Ordinance, to permit the building and operation of an administrative and teacher training facility on Lot F–99, 77 Pine Hill Drive.

Mr. Faiman recused himself and Carol Roberts became acting Chairperson. She named alternate member Eric Fowler to replace Mr. Faiman.

David Ely, of Windy Hill Associates, represented Pine Hill Waldorf School and the Center for Anthroposophy. He explained that Pine Hill proposes to subdivide 7.19 acres of its 47 acres and lease it to the Center for Anthroposophy for the purpose of building an administrative and teacher training facility, accessory to Pine Hill elementary school. The first building will contain two offices, a lecture hall that will hold 173 people, a library, kitchen and small bookstore. There will be two employees on site and there are 25 parking places on the plan. Mr. Ely explained that the new road with a curb cut on Abbot Hill Road has a 400' site distance. The road will go all the way through the property and meet Pine Hill Road.

Arthur Auer, a member of the building committee, said that most of the teacher training happens during the summer months when the Center can take advantage of the empty dorms at High Mowing School across the street from Pine Hill. There are usually about 100 graduate students at that time and he doesn’t see the program growing. He said that the facility might be used occasionally for weekend workshops during the school year. He also said that after school hours, the parking areas at Pine Hill can be used by the Center.

Mr. Ely read the rest of the application, citing Sections 4.4 and 5.3.6d of the Zoning Ordinance.

(see file)

Ms. Eckstrom asked what the tax consequences of this building would be. Mr. Auer answered that both Pine Hill and the Center are non-profit organizations and are not required to pay property taxes. He said that Pine Hill makes a $1,000 a year donation to the town and the Center will also make a contribution.

Spencer Brookes, with the Wilton Conservation Comm, concerned about the State of NH Snow- mobile Trail #13 being affected by this project. But he didn’t know the exact location of the trail so nothing could be confirmed. The Board had some problems with the fact that teachers would be trained to teach in schools other than just Pine Hill. Mr. Faiman explained that Pine Hill had the advantage of having first choice of teachers. Mr. Auer added that current Pine Hill teachers need to keep adding continuing education credits, and they will able to do this at discounted rates at the new center.

MotionMr. Spear moved to grant the special exception under the terms of Section 5.3.6d as stated in the application and shown on the plans. The motion was seconded by Mr. Tuttle and all were in favor.


Minutes — November 9, 2004

Ms. Eckstrom pointed out changes to the bottom of page 1 and top of page 2. Handwritten changes were made to the office copy.

MotionMr. Spear moved to accept the 11/9/04 minutes as amended, seconded by Mr. Tuttle with all in favor.

There was a motion to adjourn. The meeting was adjourned at 9:30 p.m.

Minutes submitted by Diane Nilsson

Posted: December 20, 2004