Zoning Board Chair Neil Faiman listens to a presentation on the need for a special exception to cross a wetland during a board meeting Tuesday.
Zoning Board Chair Neil Faiman listens to a presentation on the need for a special exception to cross a wetland during a board meeting Tuesday. Credit: STAFF PHOTO BY ASHLEY SAARIโ€”

The Wilton Zoning Board of Adjustment unanimously gave approval for a special exception to allow a driveway to cross a wetland, which opens the door for the subdivision of a 45-acre parcel on Barrett Hill Road.

The parcel is proposed to be subdivided into seven new lots, but that was not the matter before the Zoning Board during its Tuesday meeting. Instead, the board looked to a single issue โ€“ access to one of the proposed lots.

Chris Guida, a wetlands scientist with Fieldstone Land Consultants, speaking on behalf of applicant SanKen Homes, explained that one corner of the parcel is cut off entirely by wetlands. Despite having about 200 feet of road frontage, the proposed lotโ€™s 15 acres of dry, buildable landย canโ€™t be accessed without crossing wetland.

โ€œItโ€™s isolated by wetlands or abutting properties,โ€ Guida explained.

Developers are proposing to put in a crossing of a small, seasonal stream with a 36-inch culvert, which Guida said would accommodate large storm eventsย and maintain the natural conditions of the wetlands as much as possible. The addition of the culvert will affect about 769 square feet of wetland.

Tuesdayโ€™s meeting was the second on the issue, after the board continued the previous hearing to allow a site walk of the property, which was held on Oct. 29.

After a short update from Guida, the board was in general agreement that the crossing was required to access that portion of the lot, and that the applicant had made efforts to chose the least-impactful spot.

After discussing the next steps for SanKen Homes โ€“ which includes review of the plans by the state Wetlands Bureau โ€“ the board agreed to grant the special exception, but to include a condition that gave SanKen flexibility as it moved through state approval processes. The board agreed that if the location of the culvert changed, SanKen should return to the board with a new application. However, they also added a stipulation that the crossing should be built to the standards submitted on the plan, or to specifications as required by the state after their review.

In separate cases addressed on Tuesday, the board continued two other cases at the request of the applicants, without any discussion.

The first case was an application for a rehearing by Susan Latham for a variance to allow construction of a detached garage with an accessory dwelling unit on Clark Court. The townโ€™s zoning ordinance only allows accessory dwelling units that are attached to the primary residence.

The board ruled on Aug. 9 against the variance, after finding there was no hardship or special conditions distinguishing the property from others in the area โ€“ which is one of the requirements for granting a variance โ€“ but voted on Oct. 11 to rehear the application at the request of Latham.

The second case that was continued was also an appeal of a previous board decision.

Isaac Frye Holdings and developer Ken Lehtonen II, while in the process of excavating a house lot, was issued a cease-and-desist letter in January of 2021 for removing gravel from a site that does not allow gravel excavation.

Lehtonen was told he needed to obtain variances related to the excavation, which were applied for and approved in November 2021. One of the requirements of the approval was that Lehtonen appear before the Planning Board for an excavation site plan review. During that review, the Planning Board directed Lehtonen to obtain further variances, regarding permitted uses in the residential district, and gravel excavation outside of the ย gravel excavation district.

Lehtonen is requesting the ZBA overturn the Planning Boardโ€™s interpretation of the ordinance, and allow him to forgo another round of variance applications.

Both cases have been continued to Dec. 13 at 7:30 p.m.

Ashley Saari can be reached at 603-924-7172 ext. 244 or asaย ari@ledgertranscript.com. Sheโ€™s on Twitter @AshleySaariMLT.