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Wells planning board approves Kimball Estates amendment with condition; neighbor raises survey dispute
Summary
The Wells Planning Board approved an amendment to the Kimball Estates subdivision to allow a second single-family dwelling on an existing 6-acre lot, conditioned on the surveyor stamping final plans. A nearby resident said a recent survey shifted the property line about 10 feet and plans to resurvey.
The Wells Planning Board on Aug. 18 approved an amendment to the Kimball Estates subdivision that allows a second single-family dwelling on the roughly 6-acre lot at 760 Wire Road, contingent on the surveyor signing and stamping final plans before the documents are released for recording.
The applicant, Cortland Holloway, told the board, “I'm proposing to put a second single family dwelling unit in my backyard, for my retired parents.” Holloway said the parcel is a little under 6 acres and that the plan prepared by Horizons observes setbacks and other requirements.
At public comment, neighbor Malaney Gabb said the recent survey appeared to shift the property line about 10 feet toward her lot, putting part of her shed on the new line. Gabb said she has photographs and plans to have her own resurvey done around Oct. 1 to compare boundaries. The board and staff advised that only monumented corners shown on the plan control and recommended she proceed with a resurvey and, if necessary, pursue relief through the zoning board of appeals for any preexisting, nonconforming structure.
After the public hearing, staff presented a memo and updated plans addressing previous comments. The board voted unanimously on a set of procedural determinations: not to require an additional (IKW) letter because the subdivision was originally created in 1978, not to require new tree location data for certain trees, and that monumentation shown on the plan was existing and acceptable. The board then approved the application as compliant and agreed to sign the plans that night with a recorded condition that the surveyor must later stamp and sign the plan before the town releases the recordable documents.
The approval does not release the plans for recording until the surveyor returns with the required stamp. The board closed the public hearing earlier in the meeting before making the determinations and the conditional approval.
The board did not reference any specific state statutes during the discussion. The applicant and the neighbor were advised to obtain independent surveys to resolve the boundary concern and to pursue zoning-board relief if needed for any structure found to be in a setback.
The board made the determinations by unanimous vote and set no additional conditions beyond the surveyor’s stamp and signature for recording.
