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Minutes posted at this web site have not been checked for consistency with the printed minutes that are available in the Wilton Town Offices. If you need the definitive minutes of a ZBA meeting, please obtain the printed minutes from the town offices.

January 13, 2009

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. and introduced the board members.

Minutes — December 9, 2008

Motion(Roberts/Spear) To accept the 12/9/08 minutes as written. All were in favor.

Faiman said that he was the only board member who attended the site visit on December 13 and that he did write minutes of the visit. He then said that he was going to recuse himself from the hearing. Carol Roberts chaired the hearing and Andy Hoar became a voting member.

Case #12/9/08–1 — Carlo and Anne Simoni (continued from December 9, 2008)

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 reported on the site visit and said that Mr. Sanford was there as was an abutter, Mr. Levesque. He pointed out the dry and wet areas on the map and said that everything looked as Mr. Sanford had described it at last month’s meeting.

Earl Sanford of Sanford Engineering represented the applicant provided the same maps as at last month’s hearing.

Tuttle said that he visited the site by himself and noticed that there was a lot of water crossing Lot H-56-1 and flowing onto Lot H-56-2. He said that he would like to see a culvert under the private way on Lot H-56-2 that could connect with the town culvert under Badger Farm Road. He also felt that a turnaround area for emergency vehicles was needed somewhere near the end of the private way. Mr. Sanford agreed to both requests.

Roberts wanted the board to first consider the special exception request that would allow construction of a driveway that will cross a wetland area.

Motion(Spear/Tuttle) To grant the special exception for a wetland crossing no larger than 1,610 sq. ft. with an 18” x 32’ culvert in the location as shown on the plan. All were in favor.

Next the board considered the variance request that would allow construction of a single common driveway to access three normal frontage lots and one reduced frontage lot. The ordinance allows for two regular frontage lots and two alternative frontage lots to be accessed from one driveway.

Spear said that in his opinion this meets the spirit of the ordinance because it is better to have only one curb cut on Badger Farm Road. Roberts asked about the statement that Paul Levesque, an abutter, made at the previous hearing that the subdivision would be better if it had five lots rather than six. Tuttle said that he didn’t see a hardship in this case and felt that an alternative plan would be for 56-1 and 56-2 to share a driveway from Isaac Frye Hwy.

No one from the public spoke.

Motion(Hoar/Spear) To approve the variance as shown on the plans submitted with the application with the requirements that a culvert, at least 15" in diameter, be placed under the driveway on Lot H–56–2 to allow drainage from Lots H–56–1 and H–56–2 to flow to the town culvert, and that an adequate turnaround for emergency vehicles be constructed as close to the end of the private drive as reasonably feasible. Four were in favor and Tuttle voted no.
Motion(Roberts/Spear) To adjourn the meeting. All were in favor.

The meeting adjourned at 8:25 p.m.

Submitted by Diane Nilsson

Posted January 19, 2009