Town of Wilton, NH

Zoning Board Minutes

November 13, 2007

BOARD MEMBERS: Chairperson Neil Faiman; members Carol Roberts, Jim Tuttle and Bob Spear; alternate members Andy Hoar and John Jowders.

  • E&T’s United Venture, Inc./L.A. Limousine – variances
  • Steven Moheban/Lisa Ann Edenfield – special exception
  • Carolanne Sargavakian/The Center for Anthroposophy – variance
  • Provost – special exception
  • Oak Lane Holdings/Premier Concrete – appeal of administrative decision

Faiman called the meeting to order at 7:30 p.m. Board members decided that Tuesday, November 27 would be the continuation date if needed. Faiman then introduced the board members and said that the voting members would likely vary on each case but would be announced before the case is heard.

Minutes — October 9, 2007

MotionHoar/Spear To accept the 10/9/07 minutes as written. All were in favor,

Case #10/9/07–3 — E&T’s United Venture, Inc./L.A. Limousine Service, Inc.

E&T‘s United Venture, Inc. (owner) and L.A. Limousine Service, Inc. (applicant) have applied for: (1) variances to sections 5.2.3 and 11.6 of the Wilton Zoning Ordinance, to allow the parking of one bus along the property line, and the placement of drainage structures within the wetland setback area, on Lot L–27, 223 Gibbons Highway; (2) variances to sections 5.2.3 and of the Ordinance, to allow for the construction of a sign on the property larger than allowed by the Ordinance; (3) a variance to section 5.1 of the Ordinance, to allow the use of a parcel of land recently added to Lot L–27 in accordance with the variance granted in ZBA Case #7/11/97–2, which allowed the use of Lot L–27 “for an office and garage for the rental of motor vehicles and transportation services (limousine service) and light vehicle repairs.” (continued from October 9)

Faiman said that voting board members on this case would be the four regular members as well as alternate member Andy Hoar. He also said that on November 3rd he, Carol Roberts and Bob Spear attended a site visit at the property where they were able to see the proposed site plan.

Dawn Tuomala, representing the applicant, presented a letter from the Wilton Board of Selectmen, stating that they authorize her to represent them in this case since they still actually own the back parcel or “Parcel A”. She also presented a revised plan showing an enlarged storage area and a note #12 to define the area as restricted for use by landowners. No commercial activity/rental fees are proposed in this location. She also said that she redesigned the drainage structures to be located under the parking areas so there is no need for the variance to section 11.6 – the placement of drainage structures within the wetland setback area.

Variance to section 5.1

Ms. Tuomala said that the applicant currently has one bus but is requesting two bus parking spaces in the event that she is able to purchase a second bus.

Faiman read a letter from the Souhegan River Local Advisory Committee which listed a number of suggestions regarding the parking area surfaces and the catchbasins. See file.

MotionHoar/Spear To close the hearing in order to deliberate. All were in favor.

Board members discussed the original variance granted in 1997. Faiman read the decision notice and part of the minutes that quoted the applicant saying that she could only add one more car to her fleet or she would need to move her business to another location. At that time she had four limousines and two town cars. Currently she has thirteen vehicles plus her father’s four concession vehicles. Board members raised concerns about this variance request… if they granted it, would the applicant comply with the restrictions this time? If not, would the selectmen issue a Cease and Desist order?

MotionSpear/Tuttle To permit the use of Lot L-27 including the newly added “Parcel A” for an office and garage for the rental of motor vehicles and transportation services (limousine service) and light vehicle repairs as shown on the plan labeled “Conceptual Non- Residential Site Plan, Lot L-27, E&T’s United Venture, Inc. October 9, 2007, revised 11/13/07,” as submitted or as it may be amended during site plan review with the Wilton Planning Board, subject to the following restrictions:

• No vehicles may be parked in front of the line passing through the front edge of the building except for four limousines, not allowing any “bus-sized” limousines.

• Employee parking is limited to the sides and back of building.

• No customer vehicle drop-off or pick-up.

• Vehicle repairs are limited to light repairs: no body work, no engine repairs, no oil changes.

• Operation outside of normal business hours is restricted to drivers dropping off and picking up vehicles in a fashion as to not be obtrusive to neighbors.

• Stockade fences on both sides of the lot as shown on the plan are to be maintained in good condition.

• Parking capacity of the lot is limited to the parking spaces shown on the plan.

VoteAll were in favor.

At this point Tuttle left the board to attend a Budget hearing. Jowders took his place on the board.

The applicant stated that she won’t be able to implement the site plan improvements at least until next spring and she still needs to operate her business under the current variance. Board members decided to add an addendum to the previous motion.

MotionSpear/Hoar To add an addendum stating that this variance will supersede all previous variances granted for this business on this property at such time as the use of parcel ”A” in accordance with this variance commences. All were in favor.

Variance to section 5.2.3

Ms. Tuomala said that this variance will allow the applicant to park two busses along the western property line. She then read the variance criteria.

Spear wanted to see the Future Bus Parking Area switched with the Existing Bus Parking Area.

Spencer Brookes inquired as to whether the applicant would have to come before the ZBA if they wanted to add an additional fence. The board members indicated that they had no intention of regulating the addition of a new fence across the back of the lot.

MotionSpear/Jowders To close the hearing in order to deliberate. All were in favor.
MotionJowders/Spear To grant a variance to section 5.2.3 to permit the parking of one or two “busses” (bus-size limousines) in the setback along the west side of the property as

Variances to sections 5.2.3 and

Ms. Tuomala explained that the applicant wishes to place a sign in the front setback. The sign is 4’ x 4.4’. In the Residential District 4 square ft. is the maximum size allowed. In the Commercial District 16 square ft. is the maximum allowed.

The applicant didn’t have the sign or photos of the sign with her. Board members wanted to know how high she wanted the sign to be. She said at least 10’ Height restriction for signs in the Residential District is 6’ and in the Commercial District it is 16’.

Board members wanted to see to-scale drawings of the sign both meeting the Residential District height restrictions and then what the applicant proposes. As well, board members wanted to see a photo of the sign and exact measurements of the sign and the exact location of the sign.

MotionSpear/Roberts To continue the variance for the sign size and location to the December meeting to allow the applicant to present drawings and photographs related to the sign. All were in favor.

Case #11/13/07–1 — Moheban/Edenfield

Steven Moheban / Senator Development LLC (owner) and Lisa Ann Edenfield (applicant) have applied for a special exception under the terms of Section 6.6.1 of the Wilton Zoning Ordinance, to permit child care as a home occupation at Lot F–98–1, 195 Isaac Frye Highway.

Voting board members for this case were Roberts, Jowders, Tuttle, Spear and Faiman.

Don Sienkiewicz represented Ms. Edenfield and explained that the site is at the corner of Abbot Hill Road and Isaac Frye Highway, part of Four Corners Farm. The farmhouse has two tenants and Ms. Edenfield is the downstairs tenant. He presented a site sketch showing a 50’ x 32’ fenced play area attached to the house as well as room for two cars to park outside the fenced area. He said there is room for more cars to park short-term on the dirt and grassy areas of the farm if need be.

He wanted to amend the application to say that she may have up to two non-family employees, as the ordinance allows.

Spencer Brooks, the liaison between LCHIP and the Town of Wilton, said that he and the rest of the Con Com met with the Heritage Commission about this application because of the easement on the property. No exterior modifications can be made to the farmhouse, but the construction of the fence does not cause a violation the protected historic qualities of the easement. The uses of the property are within the scope of the easement.

MotionRoberts/Tuttle To grant the requested special exception. All were in favor.

Mr. Sienkiewicz asked Mr. Faiman if he could sign the form that goes to the state and send that to the applicant at the same time that the decision notice gets sent.

Ms. Edenfield requested a refund of her re-application fee explaining that she hadn’t been relieved from her caretaking job at 3 p.m. as she should have been and she couldn’t leave her patient until she was relieved. Her case was originally scheduled for the October hearing.

MotionJowders/Hoar To refund the $75 application fee to Ms. Edenfield. All were in favor.

Case #11/13/07–2 — Carolanne Sargavakian/Center for Anthroposophy

Carolanne Sargavakian (owner) and The Center for Anthroposophy (applicant) have applied for a variance to Section 6.1 of the Wilton Zoning Ordinance, to permit the applicant to maintain its administrative offices, have occasional meetings and study groups, and have a resident intern in the house on Lot H–34, 505 Abbot Hill Road.

Faiman recused himself from the case because he felt he had spent so much time helping the applicant and owner understand the ordinance that he could no longer be considered an objective party. Carol Roberts sat in as chairperson and the voting board members were Roberts, Spear, Tuttle, Jowders and Hoar.

Milan Daler, administrator for the Center for Anthoposophy, explained that the center is in the business of providing adult education programs in preparation for Waldorf teachers. The goal is to supply teachers not only for the two schools on Abbot Hill Road, Pine Hill and High Mowing School, but also for schools in the Waldorf school movement around the country and in Canada. He said that in over 25 years of their existence they have maintained a one-room office in several locations. Currently they are at High Mowing School. He said the organization feels it is time to have a space of their own and they would like to purchase Ms. Sargavakian’s home which is in walking distance to both campuses where they provide summer teacher training intensives.

Mr. Daler said the scope of the Center’s operation consists of him working full time and an administrative assistant working 2 days a week; once a month an executive committee meeting with 5 – 6 people; twice a year an executive council meeting with 10 – 12 people; once a month evening study groups with 10 – 15 people, lasting 2 hours from 7 to 9 p.m.; hosting 3 – 5 students during the summer teacher training.

Abutter Randy Burnett, 498 Abbot Hill Road, said he lives across the street and his wife sleeps during the day. He is concerned about extra traffic and extra noise that this organization will bring.

Mr. Daler said that he buys books in bulk once or twice a year and those are the only deliveries that there will be. He said he doesn’t foresee any additional traffic or noise that will affect Mr. Burnett.

Owner Carolanne Sargavakian said that she chose to sell her home to the Center because she knew it would be quiet and a good fit for the neighborhood. If she thought it would be noisy, she would not have chosen to sell it to them.

Jowders asked how many cars could park on the property. Ms. Sargavakian said that when she had her pre-school there, the state approved 12 parking spaces in addition to the two in the garage.

Roberts asked about any outbuildings. Mr. Daler said they are not planning to build any outbuildings. Ms. Sargavakian said that there are currently no outbuildings on the property.

MotionTuttle/Hoar To close the public hearing in order to deliberate. All were in favor.
MotionSpear/Tuttle To grant the variance to section 6.1 to maintain an administrative office in the house under the guidelines that are stated in the application and for the accessory uses that are also outlined in the application. Any parking associated with the activities must be on site, and may not overflow onto the street. All were in favor.

Case #11/13/07–3 — Provost

The Pierre E. Provost IV 1993 Trust & Lura S. Provost 1993 Trust have applied for a special exception under section 11.4 of the Wilton Zoning Ordinance to permit roadways and drainage improvements which will affect wetland areas as part of a proposed subdivision of Lot B–14, Cram Hill Road (Lyndeborough) and Lyndeborough Tax Map 238, Lot 19 into 14 residential lots.

Voting board members on this case were Faiman, Roberts, Spear, Tuttle and Hoar.

Robert McKenney represented the applicant along with Steve Keach of Keach-Nordstrom Associates, Inc. Mr. McKenney reminded the board that this is a 70 acre parcel accessed by Cram Hill Road. When the previous plan came before the board last spring, there were four separate wetlands impacts involving 9,544 square ft. of impact area. There were 19 lots proposed and a loop road of 2400 lineal feet.

The new proposal involves 14 lots, 2 cul-de-sacs and one 2,030 sq. ft. wetland impact. The plans have been sent out to police, fire and road agents in both towns and meetings will take place with all of them.

Steve Keach presented an exhibit plan that showed the proposed cul-de-sacs, house sites, and the wetland crossing in the northeast section of the parcel. He then read through the criteria for section 4.4 of the zoning ordinance.

Board members discussed whether they needed to do another site walk. Spear asked if he could have permission to photograph the site of the proposed crossing. Mr. McKenney said yes.

Mr. Keach explained more about the crossing itself. He said that of the 2,030 sq. ft. crossing, at least 1,000 sq. ft. of it is the treatment at both ends of the structure. He also said that in the previous design they used a bottomless culvert, but DES discouraged them from that design.

Board members asked for a letter from DES to memorialize that statement. The Con Com also had concerns about the proposed culvert but will be meeting with the applicants before the next meeting. The case will be continued to the December meeting.

Case #11/13/07–4 — Oak Lane Holdings/Premiere Concrete Construction

Oak Lane Holdings, LLC (owner) and Premier Concrete Construction, LLC (applicant) have appealed an administrative decision of the Wilton Code Enforcement Officer that the erection of a concrete / fenced structure on Lot F–170, 614 Gibbons Highway required site plan approval and a building permit under Article 1.0 of the Wilton Site Plan Regulations. Alternatively, they have submitted an application for an equitable waiver to sections 8.2.4 and 11.6 of the Wilton Zoning Ordinance for the fence / structure.

Being that it was too late to hear this case, Faiman offered the November 27th extension date to Dawn Tuomala, who was representing the applicants. She was unavailable on that date and agreed to postpone the case to the December meeting.

MotionRoberts/Hoar To adjourn the meeting. All were in favor.

The meeting adjourned at 10:55 p.m.

Submitted by Diane Nilsson

Posted November 20, 2007