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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.

September 18, 2012



Board MembersChairman Neil Faiman, members: Bill Carnduff, Joe Poisson, alternate Jim Tuttle, and Secretary Heather Loewy Nichols.
  • Minutes of August 15, 2012
  • Case #9/18/12-1
  • Adjournment

Chairman Faiman called the meeting to order at 7:30 p.m. and introduced the Board Members.


A MOTION was made by Mr. Tuttle and SECONDED by Mr. Poisson to approve the minutes of August 15, 2012 as written.

Voting: 3 ayes; motion carried with Mr. Carnduff abstaining.

Case #9/18/12–1 — Dennis Veins

Mr. Faiman noted that only four members of the Board are present but the ordinance requires that wetland crossing special exception applications are heard at two hearings and presumably five members will be present at the next meeting. He explained that the applicant can choose to postpone the hearing or continue this evening with a four person Board. Mr. Viens decided to go ahead with the hearing.

Mr. Faiman explained that the applicant will present his case tonight, the Board will probably hold a site visit, and the applicant will need to come back next month for a following hearing at which the Board will probably make a final decision.

Mr. Faiman explained that Denis R. Viens has applied for a special exception under the terms of section 11.4(a) of the Wilton Zoning Ordinance, to permit the construction of a driveway which will cross a wetland area in order to access a new single-family residence, in connection with the proposed subdivision of Lot E-37, 172 Russell Hill Road, into two lots.

Christopher Guida, with Fieldstone Land Consultants, appeared before the Board for the applicant and explained that a special exception is required to cross the wetlands. He noted that the applicant is proposing a two lot subdivision and that there is an existing home on the lot of record. He further explained that the requirement for a wetland crossing is to minimize the amount of impact which they have done by using an old farm access road with a stone crossing. He stated that there is a pile of fieldstones thrown in the wetland tract to create the crossing so the area has been previous disturbed. He noted that they are proposing 650SF of impact. Mr. Guida stated that the crossing will be used to access the buildable area behind the wetlands as the wetlands transect the lot. He also noted that the proposed crossing is at the narrowest point of the wetland tract and will provide adequate site distance along Russell Hill Road.

In response to a question from Mr. Carnduff, Mr. Guida stated that currently there is not a culvert and there is very little flow through the crossing but they are proposing installing a 15" culvert.

In response to a question from Mr. Faiman, Mr. Guida stated that the wetlands are classified as forested wetlands and this time of year it is hard to tell if it's wetland. He stated that there is drainage that seeps out of the hill and also in the back there is some shallow bedrock where the water pools.

In response to a question from Mr. Tuttle, Mr. Guida and Mr. Viens stated that they are not sure who owned the lot previously.

In response to a question from Mr. Tuttle, Mr. Guida explained that they are in the process of applying for a subdivision currently and the original lot is 11 acres.

Mr. Guida reviewed his arguments for approving the special exception. He stated that the crossing has been designed to have as little impact as possible as it has been placed on an existing crossing which is located at the narrowest point of the wetland tract. He stated that the proposed use is consistent with and will not affect the character of the neighborhood. He also noted that the proposal complies with performance standards, any storm water runoff will be allowed to infiltrate the ground before leaving the site, and a 50? wetland building setback will be enforced. Mr. Guida stated that the proposal will not diminish values and the increased traffic will be acceptable as the proposal is for a single family dwelling. He explained that the site will be serviced by an onsite well and septic. Lastly he stated that the proposal will not be detrimental to the attractiveness of the neighborhood and is consistent with the spirit of the ordinance as it reduces the impact as much as possible.

In response to an observation from Mr. Faiman that one could create the subdivision and put in a easement to cross the other lot and come around the back while avoiding the wetlands, Mr. Guida explained that there is an existing well they are trying not to disturb and he thinks that the shorter drive closer to the home is more in character with the neighborhood.

Mr. Guida noted that his firm is in the process of applying to the Wetland Bureau and they have also applied for a historical review. He submitted a letter from the NH Division of Historical Resources stating that they have no issue with the proposal and he noted that the endangered species review did not find any protected species.

Mr. Faiman read a letter from Lynne Draper, of the Wilton Conservation Commission, stating that the Conservation Commission voted in favor of the permit.

In response to a question from Mr. Faiman, Mr. Guida stated that the wetlands are delineated and you can see the roughed in road where the backhoe went through at the crossing area.

The Board decided to hold a site walk on October 7, 2012 at 9:00 a.m.

A MOTION was made by Mr. Carnduff and SECONDED by Mr. Tuttle continue to application to October 9, 2012.

Voting: 4 ayes; motion carried unanimously.


A MOTION was made by Mr. Carnduff and SECONDED by Mr. Tuttle to adjourn the meeting.

Voting: 4 ayes; motion carried unanimously.

Chairman Faiman declared the meeting adjourned at 8:00 p.m.

Respectfully Submitted,
Heather Loewy Nichols
Zoning Board Secretary
September 18, 2012 Page 3 of 3
Wilton ZBA
Revision 1