TOWN OF WILTON
ZONING BOARD OF ADJUSTMENT
| Board Members | Chairman Neil Faiman, Vice Chair Carol Roberts, members: Bill Carnduff, and Andy Hoar, and alternate Joanna Eckstrom (arrived late), and Secretary Heather Loewy Nichols. |
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| Agenda |
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Chairman Faiman called the meeting to order at 7:30 p.m. and introduced the Board Members.
Minutes
A MOTION was made by Mr. Hoar and SECONDED by Ms. Roberts to approve the minutes of May 8, 2012 as written.
Voting: 4 ayes; motion carried unanimously.
Elections
A MOTION was made by Ms. Roberts and SECONDED by Mr. Carnduff to nominate Mr. Faiman as Chairman of the Zoning Board.
Voting: 4 ayes; motion carried unanimously.
A MOTION was made by Ms. Roberts and SECONDED by Mr. Hoar to nominate Mr. Carnduff as Co-vice Chairman of the Wilton Zoning Board.
Voting: 4 ayes; motion carried unanimously
A MOTION was made by Ms. Roberts and SECONDED by Mr. Carnduff to nominate Mr. Hoar as Co-vice Chairman of the Wilton Zoning Board.
Voting: 4 ayes; motion carried unanimously.
Mr. Faiman explained that this case was continued from last month as the Board wanted to hold a site visit to obtain more information regarding parking, traffic, ingress, egress, and site lines. He stated that this site visit was held on May 26, 2012 and Ms. Roberts, Mr. Hoar, Mr. Faiman and Ms. Eckstrom attended while Mr. Carnduff visited the site separately. He stated that the Board viewed the property, inside of house, driveway, and parking spaces, and observed where the owner planed to make additional parking spaces and the sight line on the road.
Jessica Cornwell appeared before the Board and presented a large drawing of the property.
Mr. Carnduff stated that, at his site visit, he was troubled by the lack of fencing and the space underneath the fencing in the areas where fencing was present.
Ms. Cornwell stated that in order to be licensed the yard will need to be fenced in, which she will be doing as well as lowering the too high fence. She noted that the fence will be chain link.
In response to a concerned expressed by Mr. Carnduff regarding a lack of visibility out of the driveway, Ms. Cornwell stated that the hedges at the street have recently been trimmed.
Ms. Roberts noted that it is important to see and be seen when entering and exiting the applicant's driveway.
In response to a question from Mr. Hoar, Ms. Cornwell stated that she would have no more than five preschool children and two school age children and that the school age children would come off the bus, with her son, after school.
Mr. Hoar stated that he is concerned about what will happen if everyone wants to arrive at the same time and that there may not be room for all the cars at once and it may create congestion.
Mr. Carnduff noted that the chance of five families with young children arriving at the same time as each other or even on time for drop off is slim.
In response to a question from the Board, Ms. Cornwell stated that her children are almost 2, 7, 13, and 16 years old and the licensing rules allow her to have six preschoolers, including her own, and three school age children including her own children under the age of 10.
In response to a question from Mr. Carnduff, Ms. Cornwell stated that she has worked with disabled children for four years at Crotched Mountain Rehabilitation Center.
In response to a question from Mr. Carnduff, Ms. Cornwell stated that she feels that the space she is proposing is safe and noted that the licensing process will insure the safety of the children.
Mr. Faiman noted that the Zoning Board is primarily concerned with the neighborhood and the town issues such as parking, traffic, noise, and the affect the proposal will have on the neighbors.
In response to a question from Mr. Carnduff, Mrs. Cornwell stated that the speed limit in front of her house is 40 mph.
Joanna Eckstrom arrived at 7:45 p.m.
A MOTION was made by Mr. Carnduff and SECONDED by Ms. Roberts to close the public portion of the hearing.
Voting: 5 ayes; motion carried unanimously.
Mr. Faiman stated that his only concern is access for cars turning in and out of the property but noted that there is a very wide turning lane and shoulder area there. He also noted that the magnitude of the increase of cars does not seem to be an issue because the property is on a main road.
Mr. Hoar stated that he is concerned about the convergence of time and whether there will be cars waiting on the side of the road trying to get into the property at the same time.
Ms. Eckstrom stated that she thinks drivers need to use common sense and that Mr. Hoar's concern should not be a reason to deny the application. She stated that she was concerned about the traffic also but she does not think that it is likely that five cars will show up at the exact same time.
Mr. Faiman stated that if there are six parents dropping off odds are that their schedules will vary from each other and one will never find more than three students being dropped off at once. He stated that there would have to be absolutely no parking on the shoulder.
Ms. Eckstrom questioned if the Board could require that the bushes are trimmed so that they do not interfere with the sight line entering and exiting the property.
Mr. Faiman stated that he feels the front shrubbery could be trimmed back to maintain visibility for vehicles while exiting.
A MOTION was made by Mr. Carnduff and SECONDED by Ms. Eckstrom to grant the special exception for a home daycare subject to the following conditions:
- Hours of operation 7am to 6 pm, Monday through Friday
- No more than six preschool age and three school age children, including the applicant's children
- No more than one nonresident employee
- No client stopping on the Route 101 travel way or shoulder
- The front hedges must be kept trimmed so as not to interfere with the line of sight when entering and exiting the property.
Voting: 5 ayes; motion carried unanimously.
Robert Todd, of Todd Land Use Consultants, stated that he has been instructed to request a continuance noting that the applicant may choose to withdraw the application at the next meeting.
A MOTION was made by Ms. Eckstrom and SECONDED by Mr. Carnduff to continue the application to July 10, 2012.
Voting: 5 ayes; motion carried unanimously.
Mr. Faiman recused himself from the Board as a voting member and explained that the Board now has only four members to hear this case however the applicant will still need three votes in favor in order for their request to be approved. Mr. Faiman asked if the applicant would like to be heard by the four member Board or would like to continue to the next meeting.
Robert Todd, of Todd Land Use Consultants, appeared before the Board for the applicant and asked to have the four member Board hear his case.
Ms. Roberts explained that she will chair the hearing and the voting Board members will be Mr. Carnduff, Ms. Eckstrom, Ms. Roberts, and Mr. Hoar.
Ms. Roberts explained that Pine Hill Waldorf School has applied for a special exception under section 5.3.6(c) of the Wilton Zoning Ordinance, to allow the construction of a second new building to house an Early Education Center that expands the existing school on lot F-99-1, Pine Hill Drive. She noted that this is in addition to the new building which was permitted by special exception in Case 1/17/12/-1 on January 17, 2012.
Mr. Todd explained that the applicant was before the Board several months ago with a mirror image of this plan and that the Zoning Board did grant a special exception for the construction of Building #1. He explained that he is before the Board today in attempt to get approval for Building #2 which the applicant decided to move forward with sooner than expected. He noted that Building #2 is the same size as Building #1. He further explained that the site is a 40 acre parcel bound by Abbot Hill on the west and accessed by Pine Hill Drive which is a long roadway that is not maintained by the town but by the school. He stated that the main facility is in the north east corner of the property.
Mr. Todd stated that the applicant is proposing two additional buildings to be used as school buildings. He explained that Building #1 is under construction as it was approved by the Zoning and Planning Boards. He explained that that both buildings will be served by the same septic system, using a waste water alternative technology which is basically a miniature municipal system. He stated that what goes into the leach field is basically clear water. He also noted that a fire pond has been added to the plan which will be used by the fire department as part of their pressurized system in the case of fire. He stated that the system has been approved by the Fire Chief. He further noted that the applicant was required to annotate a clear cut area which must be maintained so that fire crew can walk around the building with their equipment and have no obstructions. Mr. Todd noted that the plan includes an erosion control plan and the location of the well. He stated that the line from the well and from the fire pond runs parallel to the school. He noted that this site is a good site for septic, with regard to soil, and good water comes from the well. He also noted that there is a wetland on the site but that they are not impacting it as there is plenty of room beyond the regulatory setbacks from the wetland. He stated that, other than what is already cleared for the schools and parking, the site is wooded.
Mr. Todd stated that this use is an expansion of what has been taking place at the main facility as the director wanted to bring younger students into the Waldorf education system. He stated that they will hold preschool, primary school classes, and adult parenting classes in the proposed buildings.
In response to a question from Ms. Roberts, Mr. Todd explained that the classes are staggered so the adult classes will not take place at the same time as the children's classes.
In response to a question from Mr. Hoar, Mr. Zuber, project manager, stated that there will be four adults and 18 children in Building #2.
In response to a concern expressed by Mr. Hoar regarding parking, Mr. Todd explained that there will be a staggered demand for parking. He stated that the parking for both buildings was worked through on the previous application through the Nashua Regional Planning Commission and noted that because the use is staggered this parking scheme satisfied the demand.
Mr. Zuber stated that adult education happens when the school is not in session and during the day kindergarten students would be dropped off as well as the preschoolers.
In response to a question from Ms. Eckstrom, Mr. Zuber stated that there will six driving age employees parking during the day.
Mr. Todd stated that the existing school is a non conforming use and the main facility currently housed through grade 8. He stated that the buildings are 65? apart at the closest point and that Building #2 will expand the use again in order to include additional space to accommodate young children.
Mr. Todd stated that the proposed plan is consistent with and will not affect the nature of the neighborhood as it is an unobtrusive addition and the closest abutting property is a 33 acre lot to the south which is a farm under conservation easement and will not be interfered with by the proposal.
Mr. Todd noted that they are proposing a landscape plan because the Planning Board was very concerned about the visibility of the buildings from the South. He explained that they have proposed six trees to block the view of the buildings and that the Planning Board is going to reconsider the landscape plan after the buildings are built.
Mr. Todd explained that the proposal is a one story building, with a peak roof, identical in size and elevation as Building #1. He explained that they will have the same well and septic systems which are clean, environmentally friendly, and will not cause any negative effect on the neighborhood. He stated that the proposal is in compliance with wetland setbacks and will create negligible additional storm water runoff. He also noted that the main road will be negligibly affected by traffic and that some parents will be carpooling or dropping off multiple children and therefore reducing the increase in traffic expected.
Mr. Todd noted that the two buildings will be served by one approved septic system. He also noted that the parking has been designed to meet the standards of the Wilton regulations and that the Planning Board has approved this parking design in the approval for Building #1.
Mr. Todd stated that the proposed plan is an appropriate and reasonable use of the property which is a good addition to the area, mixes well with the abutting farm, and does not create any demand on community facilities. He stated that the proposal includes a good fire protection and erosion control plan and will be a benefit to the town.
In response to a question from Ms. Roberts, Mr. Todd stated that parents leaving the new buildings will turn out of the parking lot and follow Pine Hill Drive to Abbot Hill Road.
In response to a question from Lynne Draper, of the Wilton Conservation Commission, Mr. Todd explained that some of the runoff from the site goes into the woodland and the rest flows down the road ditch into an existing culvert and into the fire pond.
In response to a question from Mr. Hoar, Mr. Zuber stated that some of the driveway will be paved and the parking lot will be gravel.
A MOTION was made by Mr. Carnduff, and SECONDED by Ms. Eckstrom to close the public portion of the hearing.
Voting: 4 ayes; motion carried unanimously.
Ms. Eckstrom stated that she would prefer to see the project completed sooner rather than later, especially since both buildings are sharing resources such as parking, septic, and water and completing the second building later would require disturbing the area again in the future. She stated that she feels it is a good plan. Mr. Carnduff agreed.
Mr. Hoar stated that he is concerned about parking but if the Planning Board feels that the parking is appropriate then he is okay with it.
A MOTION was made by Mr. Carnduff and SECONDED by Ms. Eckstrom to grant the special exception as requested with the amendment that one septic and water system will serve both buildings.
Voting: 4 ayes; motion carried unanimously.
Mr. Faiman explained that Jason Dobbins has applied for a special exception under section 5.3.1 of the Wilton Zoning Ordinance, to permit gun sales as an internet business and by retail to family and friends as a home occupation on Lot D-58, 205 Burns Hill Road.
Mr. Dobbins appeared before the Board and explained that he has an online business, and a background in e-commerce, and fire arms have been a hobby of his for a few years. He submitted a copy of his state permit to sell fire arms noting that it has been signed by the Wilton Police Chief. He also stated that he has an ATF Federal Firearm License and that the ATF has done an onsite survey of his property insuring that his guns are being stored safely. He explained that his firearm business is mostly done through a PO Box in Nashua with the exception of a local client, such as a family or friend who he would like to be able to transfer fire arms to.
In response to a question from Ms. Eckstrom, Mr. Dobbins explained that generally he will not have any firearms onsite as they get shipped to his PO Box in Nashua and are then re-labeled and shipped out from the same location.
In response to a question from Mr. Carnduff, Mr. Dobbins stated that he is licensed to sell pistols and revolvers which include long arm guns.
Mr. Dobbins explained that he ships the guns to a dealer, after insuring that the gun is legal in the state he is shipping it to, and the dealer who receives it does the background check and transfers it to the end client. He explained that the exception to this would be if he was selling to a local friend in which case he would have to do the background checks. He noted that he will need to keep all the transfer and background check documentation for ATF to review during inspections.
In response to a question from Mr. Carnduff, Mr. Dobbins stated that the majority of his sales would be internet based and maybe one or two a month would be sold out of his house on average. He stated that it is not a huge handicap to his business if he cannot sell from his home but it is a handicap for his local customers.
Mr. Hoar questioned how the Board should go about putting a reasonable cap on the number of people being sold to locally that will not get abused. He stated that he is concerned about controlling the impact to the people in the applicant's neighborhood.
In response to a question from Ms. Eckstrom, Mr. Dobbins explained that typically he would have no inventory at his home as it would be shipped to his location in Nashua and reshipped from there unless the item is picked up at his home for a local sale. He noted that he will not have any retail space and he will not be advertising his Wilton location.
In response to a question from Mr. Hoar, Mr. Dobbins stated that he will not be selling ammunition.
Mr. Faiman explained that generally in this situation the Board might decide that this application is for a limited home occupation and therefore requires no permit but the applicant needs to be able to show ATF that he has received permission from the Board to operate out of his home.
Mr. Carnduff stated that he would rather that the applicant does not sell out of his home.
In response to a question from Ms. Eckstrom, Mr. Dobbins explained that if he was not a licensed dealer then he would just need to give a bill of sale to the new owner but since he is a dealer he is required to run background checks for local transfers.
Ms. Eckstrom stated that she would prefer that he hold no inventory, which is not already sold, in his home.
Mr. Faiman noted that he did a drive by of the property.
The Board discussed allowing the applicant to do four local transfers a month by appointment only.
In response to a question from Ms. Roberts, Mr. Dobbins stated that ATF will do audits reviewing his log books of inventory transactions.
A MOTION was made by Mr. Carnduff and SECONDED by Ms. Eckstrom to grant the special exception for fire arm Internet sales home occupation with the following restrictions:
- only four local sales per month by appointment only
- no inventory to be held in the home except for one or two guns which are all sold
Voting: 5 ayes; motion carried unanimously.
Adjournment
A MOTION was made by Mr. Carnduff and SECONDED by Ms. Eckstrom to adjourn the meeting.
Voting: 5 ayes; motion carried unanimously.
Chairman Faiman declared the meeting adjourned at 9:30 p.m.
Respectfully Submitted,
Heather Loewy Nichols
Secretary
June 12, 2012 Page 3 of 3
Wilton ZBA
Final Revision
Approved 8/15/12