Zoning Amendment Hearing
Members present: Chairperson Matt Fish, Neil Faiman, Alec
MacMartin, Alt. Bill Condra, NRPC Rep. Steve Wagner. Mr.
Condra will sit on the Board for Brian Sullivan.
See file for letter from Granite State Concrete on their position
of the Gravel Excavation District. They
recommend to vote against the proposal.
(Letter dated
The omission and errors in posting the zoning amendments were
discussed. The Board felt that since
there were two-three posted public hearings and the zoning amendments were
available in electronic files upon request at the Town Office that they met the
state requirements.
Matt Fish asked for a motion to thank Stuart Draper, who has
passed away on Monday night, for all the work he had done for the community and
with the Planning Board. The Board will
miss his alternative views and his wisdom.
He will be sincerely missed. Alec
MacMartin made the motion and it was seconded by Neil Faiman. Motion passed unanimously.
7.0 Commercial District
The proposal will add residential lots to the commercial district
that have been historically used as commercial buildings. The Board felt this amendment is correcting
an error.
VOTE: Mr. MacMartin made a motion to amend section 7.0,
Commercial District; to ADD lots 60-1, 61, 62, 63 and 64 on Tax Map “J” to the
Commercial District. Mr. Faiman seconded
the motion. Motion passed unanimously.
9-B New Gravel Excavation
District
Karl Zahn & Mark Gibbons discussed a lot on Rt. 31 that is
800 feet outside the proposed district.
The asked if access was only from Rt. 31 and the answer was yes, except
for
Mr. Zahn felt the proposal presented undo restraints to other
lots in town. Mr. Gibbons discussed the
number of landowners in the district and the Board didn’t have the number.
Discussed that this is a first draft at the ordinance because the
Board felt the existing ordinance was vague.
Other proposed ordinances can be made in the future to expand upon this
ordinance if it is adopted, which is not an uncommon practice. Other landowners can file for a special
exception or variance.
Nikki Andrews said, “As a resident – preamble of ordinance – the
goal is to provide a place of refugee.
This balances the needs of business opportunities and the people who
live here. We’ve lived here all our
lives, after 49 years, feel we came home to
VOTE: Mr. MacMartin made a motion to adopt 9B,
Gravel Excavation District; to establish an overlay district for the reasonable
opportunity for the commercial taking of sod, loam, clay, sand, gravel or such
other naturally occurring unconsolidated material that normally mask bedrock
and to prohibit other quarrying and crushing of bedrock, excavation or material
using explosives, or any other mining activities. Mr. Faiman seconded the motion. Motion passed unanimously.
4.1 Alternation and
Removal of Material
VOTE: Mr. MacMartin made a motion to amend 4.1,
Alternation and Removal of Material; to limit excavation of earth materials to,
and in accordance with section 9B, Gravel Excavation District and as regulated
under RSA 155-E. Mr. Faiman seconded
the motion. Motion passed unanimously.
2.0 Add Gravel Excavation
District
Mr. MacMartin made a
motion to adopt 2.0, Districts; to ADD Gravel Excavation District. Mr. Faiman
seconded the motion. Motion passed
unanimously.
19.0 Enforcement and
Administration
Discussed language “to take immediate steps” vs take appropriate
legal action. Also discussed language
“shall” and “may” in the amendment.
The Board discussed the issues surrounding the change of the
amendment and enforcement.
VOTE: Mr. Faiman moved to table the proposed
amendment Chapter 19. Mr. MacMartin
seconded the motion. Motion passed.
Chapter 19 read as
followed:
To amend section 19.0,
Enforcement and Administration; to permit Board of Selectmen to appoint a Code
Enforcement Officer to enforce the provisions of Wilton’s Land Use Laws as
provided in RSA 676:17, 17-a, and 17-b.
VOTE: Mr. MacMartin made a
motion to amend section 22, Fines and Penalties; to conform to RSA 676:17,
which has been amended.
Zoning Amendment Questions
for
VOTE: Mr. Faiman made a
motion to put on the ballot Article 2.
Mr. MacMartin seconded the motion.
Motion passed unanimously.
VOTE: Mr. Faiman made a
motion that the Planning Board put on the ballot Article 3. Mr. MacMartin seconded the motion. Motion passed unanimously.
VOTE: Mr. Mac
VOTE: Mr. MacMartin made a
motion that the Planning Board put on the ballot Article 5. Mr. Faiman seconded the motion. Motion passed unanimously.
VOTE: Mr. MacMartin made a
motion that the Planning Board renumber Article 5 to become Article 4 and change
“Amendment No. 4” to “Amendment No. 3”.
Mr. Faiman seconded the motion.
Motion passed unanimously.
VOTE: Mr. MacMartin made a
motion to adjourn. Mr. Faiman seconded
the motion. Motion passed unanimously.
Respectfully submitted,