Town of Wilton, NH

Zoning Board Minutes

December 9, 2008

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

AgendaCarlo and Anne Simoni – special exception & variance

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

Minutes — September 16, 2008

Motion(Roberts/Poisson) To accept the 9/16/08 minutes as written. Four were in favor; Spear and Tuttle abstained.

Case #12/9/08–1 — Carlo and Anne Simoni

Carlo and Anne Simoni have applied for a special exception under section 11.4 of the Wilton Zoning Ordinance and a variance to section 6.3.5(a) of the Ordinance, in connection with a proposed subdivision of Lot H–56, at Isaac Frye Highway and Badger Farm Road. The special exception would allow construction of a driveway that would cross a wetland area, and the variance would allow a single common driveway to access three normal frontage lots and one reduced frontage lot.

Faiman read the public notice and introduced the board members.

Earl Sanford of Sanford Engineering represented the applicant and explained that three lots fronting Badger Farm Road have the required 200 feet of frontage and the fourth does not. The ordinance allows for two regular frontage lots and two alternative frontage lots and so the applicant is requesting a variance to allow for this more conforming layout. He also presented photos of the proposed wetland crossing area on Lot H-56-6, which fronts Isaac Fry Highway. He said that there is presently a broken 8” culvert at the proposed location. The applicant is proposing an 18” x 32’ culvert. He said that the length of the shared driveway for the Badger Farm Road lots is 738 feet.

Faiman said that there may be a limit of 600 feet for shared driveways, but he couldn’t remember if that was an ordinance or perhaps a subdivision regulation.

Mr. Sanford read through the variance criteria for both an area and use variance as well as the special exception for a wetland crossing. He said that the proposed crossing would encompass 1,610 sq. ft.

Faiman read a letter from the con com stating that they had met with Mr. Sanford and Raymond Shea and that they had no objection to the wetland crossing, the private drive nor the snowmobile trail.

Abutter Paul Levesque said that it would be a more acceptable subdivision if there were just 5 lots instead of the proposed 6 lots. He also said that he didn’t see a hardship in the variance request.

Motion(Poisson/Spear) to close the hearing in order to deliberate. All were in favor.
Motion(Spear/Tuttle) to defer the decision on the variance request until the January meeting when the board will also decide the wetland crossing special exception. And when the board does a site walk to see the proposed wetland crossing, it will combine that with a site walk of the proposed driveway. All were in favor.

Board members requested that the center line of the proposed driveway be marked in some way.

Board members agreed that the variance request should be considered as an area variance rather than a use variance.

Board members decided to do a site walk of the property on Saturday, December 13th at 9 a.m. Mr. Levesque offered his lot for parking.

Faiman asked that the center line of the wetland driveway be flagged as well as the wetland crossing site. He also asked that the center line of the Badger Farm driveway be marked from beginning to end.

Motion(Spear/Roberts) to continue the case until the January 13th meeting. All were in favor.
Motion(Spear/Tuttle) to adjourn. All were in favor.

The meeting adjourned at 8:50 p.m.

Submitted by Diane Nilsson

Posted December 22, 2008