After more than four hours of deliberation, the Wilton Zoning Board of Adjustment once again denied a variance to the town’s industrial zone height limits that would have made way for the construction of an asphalt plant and silo.
The board re-heard the case, which was originally denied in November, at the Wilton-Lyndeborough Cooperative Middle-High School on Tuesday.
As with the first round of hearings, the issue proved a contentious one, with more than 50 community members in attendance, most to speak in opposition to the board approving a height variance to allow both an asphalt batch plant and storage silo to exceed the industrial zone height limits. The plant is proposed to be 68 feet and the silo 72 feet in height, where the ordinance limits structures to a maximum height of 45 feet.
The meeting began with a shake up of the board, with applicant Quinn Properties, through its attorney, calling for ZBA member Bob Spear, one of the members who voted on the original case, to recuse himself.
Prior to the rehearing, Spear submitted a document to the board regarding asphalt plants and property values.
The attorney for Quinn Properties, Daniel Muller, Jr., argued that one of the points that spurred Quinn Properties to request a rehearing was board members doing “outside research,” particularly research that in appearance could be construed to be done seeking a particular outcome. Board members should make their decision solely based upon evidence presented to them in the course of hearings, he argued.
“It appears there has been research done in opposition,” Muller said.
Spear agreed to step away from the case after a straw poll of the other board members, who advised he should recuse himself, with some board members noting they feared his inclusion on the voting board might jeopardize any future defense of the case if Quinn Properties appeals the outcome.
Spear recused himself and was replaced by alternate Andy Hoar. Spear submitted his research on property values as a private citizen before exiting the meeting.
Ultimately, despite the new makeup of the board, the result was the same as the vote in November – the board voted 3-2 to deny the variance.
The majority of the board agreed the application fell short on two requirements that are required to approve a requested variance – that denying the variance creates a hardship for the property owner, and that the application isn’t against the spirit of the town’s zoning ordinance, according to Land Use Administrator Michele Decoteau.
Keeping the spirit of the ordinance was a point of argument for several residents during Tuesday’s meeting.
While Muller argued Wilton’s height ordinance was put into place likely to ensure fire equipment could respond to emergencies, residents said the motivation might be different.
Glynn Graham, of Abbot Hill Road, said that in minutes of the Town Meeting in 1981, it appears the main motivation of the height restriction was to preserve the rural nature of Wilton.
“I believe that’s the real spirit of the ordinance,” she said.
Ron Brown of Isaac Frye Highway said the applicant had attempted to “downplay” the visual impact of the project, stressing the large size of the property and tree buffer. He would be able to see the silo from his property, based on a sight line test conducted by the board, Brown said.
“I could see what I could see,” he said.
Residents also argued that a taller plant would allow sound to carry farther, particularly because of the bowl-like shape of the surrounding topography.
“The height really does matter,” Marilyn Jonas of Fairfield Lane said.
Ultimately, the board once again denied the variance, with the board members who originally voted on the project in November keeping their original stances, with Chair Neil Faiman and Jeff Stone voting against granting the ordinance, and members Joanna Eckstrom and Paul Levesque voting in favor. Alternate Andy Hoar, acting in place of Spear, voted against granting the variance.
Ashley Saari can be reached at 924-7172 ext. 244 or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT.