Town of Wilton, NH

Zoning Board Minutes

June 10, 2008

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

  • Donald J. Slowik – special exception
  • Jeffrey T. Maher – variance

Faiman called the meeting to order at 7:30 p.m.

Minutes — May 13, 2008

Motion(Spear/Tuttle) To approve the 5/13/08 minutes as written. Five were in favor and Poisson abstained.

Roberts suggested that an alternate date to meet in August be chosen since so many board members would not be available on August 12. It was agreed that Tuesday, August 19 would work.

Motion(Roberts/Spear) To move the August meeting date from August 12 to August 19. All were in favor.

Faiman introduced the board members and said that voting members on the Slowik case would be Hoar, Faiman, Roberts, Tuttle and Spear. Poisson would be participating but not voting.

Case #5/13/08–2 — Donald J. Slowik (Continued from May 13)

Donald J. Slowik 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 connection with a proposed subdivision of Lot B-31-3, 224 Pead Hill Road.

Faiman explained that the applicant was asked by the board to explain the calculation of the impacted wetland area, specifically whether the existing farm crossing is included, with a justification if it is not; provide construction detail for the proposed crossing; provide alternative culvert options and the rationale for the chosen option; and flag the wetland impact areas, including rip-rap placement, prior to the site walk.

He said that there were two site walks. He, Spear and Roberts attended the one held on June 8. Hoar and Poisson attended the one held on June 9 and Tuttle visited the site on his own. Members of the Con Com also attended both site walks.

Tom Carr, with Meridian Land Services, represented the applicant and presented a revised supplement to the application and a letter from the fire chief. In the letter, the fire chief states that he would like to see a culvert in the crossing to assure access in all types of weather.

He explained that the proposed wetland crossing is in the location of an existing farm crossing constructed on top of boulders and stones generated from field clearing prior to wetland permitting jurisdiction by the town or state government. Therefore the farm crossing area is grandfathered and not included in the wetland calculations. He presented plans showing construction detail for one 18” culvert, 35’ in length, replacing the plan from last month for two 12” culverts.

Spencer Brookes, representing the Con Com, said that their group looked at the crossing and met with Meridian to study the construction detail on the plan and that they are satisfied with it.

Spear presented a CD with photos from the site walk to the applicant and for the file.

Motion(Hoar/Spear) To close the public hearing in order to deliberate. All were in favor.

Board members felt that all of their questions had been adequately addressed and the new culvert design had reduced the impact area to 270 SF from the previously proposed plan of 600 SF.

Motion(Tuttle/Spear) To grant the special exception to permit the construction of a driveway that will cross a wetland area in connection with a proposed subdivision of Lot B–31–3, 224 Pead Hill Road, as shown on the plan labeled “Subdivision plan, Land of Donald J. Slowik, Tax Map B Lot 31–3, Revision D.” All were in favor.

Case #6/10/08–1 — Jeffrey T. Maher

Jeffrey T. Maher has applied for a variance to section 6.2.1 of the Wilton Zoning Ordinance, to permit the addition of a second dwelling unit (in-law apartment) to the existing house on Lot D–150, 282 Burns Hill Road, where the lot size requirements of the Ordinance only allow one dwelling unit.

Faiman said that the voting members on this case would be Hoar, Faiman, Tuttle, Poisson and Spear. Roberts would participate, but not vote.

Mr. Maher presented conceptual drawings done by Richard M. Monahon, Jr. Architects. He said his property is 3.4 acres and he would need 4 acres to build a second dwelling unit without a variance. The proposed second dwelling unit addition is 1000 SF, but in addition to that, he will need to connect his house to his garage and proposes a 500 SF addition to do that. He also presented five photos of his house and garage as they look today.

He said that he is landlocked on all sides by property owners that do not have land they could sell to him except for Paul Sweezy, but he did not ask Mr. Sweezy if he would be willing to sell him a small piece of land. He said he contacted all of his abutters and no one had any problems with what he wanted to do. There were no abutters in the audience.

Board members discussed the fact that the applicant is proposing to build an in-law apartment even though the zoning ordinance does not recognize in-law apartments. They discussed, if they were to grant the requested variance, whether they could put language in the deed that would keep future owners of the property from renting the second dwelling unit.

Motion(Spear/Poisson) To grant the area variance for a second dwelling unit, a one-bedroom unit, for occupancy by no more than two people, attached to the existing house of Lot D- 150, 282 Burns Hill Road. It is required that a copy of the Notice of Decision be filed with the deed for the property in Hillsborough County Registry of Deeds. Four were in favor and Hoar abstained.
Motion(Hoar/Spear) To adjourn the meeting. All were in favor.

The meeting adjourned at 9:05 p.m.

Submitted by Diane Nilsson

Posted June 17, 2008