The Wilton Zoning Board of Adjustment voted to rehear a contentious application for a height variance that would allow an asphalt plant and silo to be built in the industrial zone.
The batch plant was proposed to be 68 feet tall, and a storage silo 72 feet, where the industrial zone only allows buildings to be 45 feet in height. The proposal was so contentious, the Zoning Board had to schedule hearings at the Wilton-Lyndeborough Cooperative High School to accommodate the hundreds of people who came out to speak, mostly in opposition to the plant. The board ultimately denied the variance in a split decision in mid-November.
The board previously turned down a request for a rehearing, submitted by one of its own members, Joanna Eckstrom, on the basis that the board had been provided a six-page document suggesting reasons for denial created by another board member. Eckstrom argued this prejudiced the case by suggesting the decision was a “foregone conclusion.” The Zoning Board denied that request, and subsequently received another request for a rehearing from Quinn Properties.
This time, the board decided to go through with the rehearing.
Quinn Brothers LLC, through its lawyers, requested the rehearing on multiple grounds, including that the board had used research outside of submitted testimony that the applicants weren’t given the opportunity to comment on, that the board was prejudicial in its decision making, and that a current proposed zoning change to eliminate heavy manufacturing demonstrates the town was acting in bad faith.
After consulting with Wilton’s own counsel, the Zoning Board voted unanimously on Tuesday to rehear the case, though when voting, ZBA member Bob Spear said his vote was “reluctantly” yes.
“This is a new hearing, but we’re not starting exactly from scratch,” ZBA Chair Neil Faiman told audience members. “All previous written and oral testimony will be part of the record.”
Faiman also stressed a point that the ZBA reiterated multiple times during the first hearing process: The application was for a height variance, and that’s what the testimony should focus on, he said, not the merits of an asphalt plant itself.
Some residents pushed back on that point.
“How do you understand ‘height’ unless it’s attached to something?” said Dodie Finlayson of Heald Road. “It’s a totally abstract thing.”
Others asked if there was an opportunity to revisit a sightline test, which was provided for during the first round of hearings, with a crane and bucket representing the highest point of the proposed construction. During hearings, several residents said the test should have included lights, which the proposed buildings would have. Shannon Coffey of Stagecoach Road asked if residents could request a new sightline test, to include lights.
“You can suggest anything you want to, and the board will take it into consideration,” Faiman said, without committing to the proposal.
ZBA member Paul Levesque noted such a test might not be “fair” due to the current time of year, with the leaves off the trees.
The rehearing will be held on Feb. 18 at 7:30 p.m., at the Wilton-Lyndeborough Cooperative Middle/High School. Written testimony can be submitted to the board prior to the date of the hearing, and the board will also be accepting additional oral testimony during the hearing itself.
As with the previous hearing, the proposal will be considered to have regional impact, and the board will accept testimony from residents of surrounding communities.