Town of Wilton, NH

Zoning Board Minutes

April 9, 2013



Board MembersChairman Neil Faiman, members: Carol Roberts, Andy Hoar, Bill Carnduff, Joe Poisson, alternate Joanna Eckstrom, and Secretary Heather Loewy Nichols.
  • Elections
  • Minutes of October 9, 2012
  • Case #4/9/12-1
  • Other Business
  • Adjournment

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


A MOTION was made by Ms. Roberts and SECONDED by Mr. Carnduff to continue with the same Board positions as last year with Mr. Faiman as Chairman and Mr. Hoar and Mr. Carnduff as Co-Vice Chairs.

Voting: 6 ayes; motion carried unanimously.


A MOTION was made by Ms. Roberts and SECONDED by Mr. Hoar to accept the minutes of October 9, 2012 as written.

Voting: 5 ayes; motion carried with Ms. Eckstrom abstaining.

Case #4/9/13–1 — Pierre E. Provost IV 1993 Trust & Lura S. Provost 1993 Trust

Mr. Faiman explained that the Pierre E. Provost IV 1993 Trust and Lura S. Provost 1993 Trust have applied for a two year extension of a special exception granted on December 17, 2007 in ZBA Case #11/13/07-3. The special exception, under section 11.4 of the Wilton Zoning Ordinance, permits a wetland impact resulting from the construction of a roadway as part of a proposed subdivision of Lot B-14, Cram Hill Road (Lyndeborough) and Lyndeborough Tax Map 238, Lot 19 into 14 residential lots.

Robert McKenney appeared before the Board for the applicant and explained that originally in December of 2007 a Special Exception was granted for a wetland impact and since then the project has been reduced from 14 lots to 13. He further explained that in 2009 an extension was granted to extend the approval to 2011, and in June of 2012 an extension was granted until 2013. He noted that there is no limit on the number of extensions which can be granted as long as they are granted for good cause and not prejudicial to the intent of the ordinance. He further explained that he has appeared separately in front of the Lyndeborough and Wilton Planning Boards and acquired an approval extension until to 2015 and he has extended his Department of Environmental Services Dredge and Fill permit until to 2018. He further noted that currently the Army Corps Wetland Permit is valid till January 27, 2014 and his will be applying for an extension until 2019 or until 2018 to correspond with the Dredge and Fill permit. He also submitted a summary of approval and extension dates. Mr. McKenney explained that if the Board grants his request the Zoning Board approval will correspond with the Planning Board approval, and if the Board chooses not to grant the extension the applicant will have to put in some curb cuts this year. He also noted that this is the last extension that he anticipates needing from this Board.

In response to a question from Mr. Hoar, Mr. McKenney explained that, due to input from the Conservation Commission, a drop culvert will be installed which has less impact than the originally proposed culvert.

In response to a question from Mr. Carnduff, Mr. McKenney explained that the culvert has baffles in it which allow the animals to travel under the road.

In response to a question from Ms. Eckstrom, Mr. McKenney explained that the Army Corps of Engineers has always been involved in this project, which is unusual because the project is so small. He noted that the original approval was given in 2009, has been extended for five years to 2014, and he will be asking for a four or five year extension from them.

Christina Hadley, of Cram Hill Road in Lyndeborough, explained that her property is adjacent to the 12 acre field and she is concerned that nothing has been done to decrease the amount of water spilling on her property during the timber removal process. She stated that she has a nine acre farm, with horses and livestock, and water with oils and gas from the logging operation is dumping onto her property. She further stated that she has already lost two horses, but noted that no autopsy was performed, and she is concerned about further damage occurring.

Mr. McKenney noted that before any actual construction can be started construction review meetings and bonding is required.

Ms. Hadley stated that she has never received any notice for the meetings which occurred in Lyndeborough.

Mr. Faiman noted that while the overall development could be causing an issue on her property, it is not related to the specific wetland crossing which is under discussion this evening.

In response to a comment from Ms. Hadley that four culverts from the applicants' property dump onto her property, Mr. McKenney stated that he is happy to go over the plan with her but noted that the road nearest to her is not affected by the wetland crossing being discussed this evening.

In response to a question from Mr. Faiman, the Wilton Conservation Commission representative had no comment on the application.

In response to a question from Ms. Eckstrom, Mr. McKenney explained that one road will need to be roughed in and graded in order to consider the project started by 2015, noting that the original approval was in 2009.

A MOTION was made by Ms. Roberts and SECONDED by Mr. Carnduff to grant a two year extension of the special exception as requested.

Voting: 5 ayes, motion carried unanimously.

Other Business

Mr. Faiman noted that annual spring Planning and Zoning Conference will take place on Saturday May 11, 2013 and that the Board will pay the registration fee for any members who would like to go.


A MOTION was made by Mr. Hoar and SECONDED by Ms. Roberts to adjourn the meeting.

Voting: 5 ayes; motion carried unanimously.

Chairman Faiman declared the meeting adjourned at 8:05 p.m.

Respectfully Submitted,
Heather Loewy Nichols
Zoning Board Secretary
Wilton ZBA
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