WILTON – After about four hours of debate and deliberation at a re-hearing on Feb. 18, the Zoning Board of Adjustment again denied a request for a variance to construct an asphalt batch plant on Quinn Drive. The final vote was two in favor and three opposed.

The hearing was held at the Wilton-Lyndeborough Cooperative High School because of the number of people who attended. About 50 people were present in spite of inclement weather.

The Board found there would be no hardship arising from special conditions of the property and granting the variance would be contrary to the public interest and the spirit of the ordinance.

If approved, the variance would have allowed Quinn Properties LLC to construct two buildings on Lot B-10 measuring 68 and 72 feet in height where the ordinance limits building height to 45 feet. The lot is located off Route 31 North.

The request has been before the board since June 2019. The request was denied on Nov. 21 citing the lack of hardship. That finding was appealed and a rehearing requested.

Much of the Quinn’s argument centered on the reason for the height restriction, which applies only to the industrial zone. It was first stated that 45 feet was as high as the fire department could reach. (That no longer applies since the department now has a ladder truck capable of reaching 100 feet).

The board found that the height restriction was also to prevent visual impact of industrial development on non-industrial zones. This is supported by the adoption of the ordinance in 1981, designed to protect the town’s “rural charm and the preservation of the visual environment.”

Between Nov. 8 and 10, 2019, at the request of the zoning board, a work lift at the site was raised to 72 feet. On Nov. 12, residents testified that it could be plainly seen from Route 31and the beach at Goss Park, the town’s main recreation area, and other parts of the neighborhood.

Other residents inquired about the need for the tower to be lighted at night and the impact of light pollution. The applicants said the facility would have to be lighted.

The rehearing had been requested, in part, because the applicants complained of members “doing outside research that could be construed as seeking a particular outcome,” and said the board should make its decision based only on evidence presented in public.

Because of such research, Board Member Bob Spear recused himself and was replaced by Alternate Andy Hoar. His voting on the issue, the board said, might jeopardize any further appeal by the Quinns.

Those voting in favor of the variance were Chairman Neil Faiman and Jeff Stone, those against, Joanna Eckstrom, Paul Lavesque and Hoar.

The Selectmen or any party directly affected by the decision may apply for a rehearing on or before March 20, 2020, and must list all of the reasons for the request.