At 7 pm on Nov. 14, 2006 Commission members met at the Wilton Town Library with representatives from the state of New Hampshire as well as the owner of Four Corners Farm to discuss the violation of a Conservation and Preservation Easement granted to the owner of the farm. Present were Heritage Commission members Stanley Young, Phyllis Tallarico, Gail Hoar and Nancy Clark. Also present were Darrell DeTour, LCHIP Natural Resource Specialist and Amy Dixon, from the NH Historic Resource Commission and Dick Rockwood, Selectman of the town of Wilton. Steve Moheban, the owner of the property under discussion, was also present.
The purpose of the meeting was to discuss the recent addition of an exterior second floor staircase to the farmhouse. Stanley cited a provision of the Easement which called for written approval prior to exterior alterations to the farmhouse.
Steve Moheban asked what the exact nature of the perceived violation was and he was told it was the addition of a fire escape and the removal of one window, work which occurred between May 5, 2005 and April 2006. As well, Mr. Moheban was told that a building permit had not been applied for.
Mr. Moheban said the second floor exterior exit had been made at the request of the Fire Chief (who waived the roof requirement) and the Heritage Commission was prepared to concede that the second exit was necessary but cited the terms of the Easement, which required prior consultation and written approval.
Mr. DeTour agreed, and he mentioned LCHIP’s interest in maintaining standards and historical accuracy. He said LCHIP was in a position to suggest appropriate alterations within the terms of local statutes. He said he would prefer a more historically compatible design for the fire escape.
Mr. Moheban said he did not concede there had been a breach of the agreement. He reminded everyone of the extensive renovations he had made to a near-derelict building which had been done in cooperation with LCHIP prior to the placing of the easement and he contended that LCHIP knew all along that a fire escape was going to be installed. He presented a letter, dated March 17, 2004 from David Provost (Amy Dixon’s predecessor) in which Mr. Provost offered design assistance in the matter of the fire escape. Mr. Moheban said he believed he had a prior agreement to add the fire escape and the town of Wilton, which granted the easement later in the process, was not up to speed on existing understandings. He stated he wished to cooperate, and he conceded that a Building Permit ought to have been applied for. Gail Hoar pointed out that an application for a Building Permit would have triggered the involvement of the Easement holder. Mr. DeTour acknowledged knowing that Mr. Moheban eventually intended to install a fire escape or other type of second means of egress but emphasized that no definite plan had been approved and merely knowing about Mr. Moheban’s intentions did not constitute prior written approval as required by the easement.
Dick Rockwood remembered how “very derelict” the farmhouse was prior to Mr. Moheban’s improvements, and then he recalled that the installation of the fire escape had been delayed from the initial round of work on the structure due to the need to put in a new septic system. Furthermore, photographs were studied, and it was not clear just when the window had been removed.
Amy Dixon showed examples of second floor staircases, designed to be more compatible with existing historic structures than the one installed at the farmhouse.
Stanley proposed that Mr. Moheban retroactively request permission from the easement holder to add an exterior second floor exit, as well as apply for a building permit. Mr. DeTour supported that suggestion. He wishes to see the proper process followed and respected. Mr. Moheban agreed that he would call the Building Inspector and apply for a permit when the Town Hall was next open, and said he would write to Wilton and to LCHIP, to ask for permission to add a fire escape, after the fact.
A discussion followed in which suggestions were advanced as to how to make the unattractive pressure treated lumber fire escape more attractive. A shield of evergreens might be planted, and it is to be hoped that the wood of the staircase will weather to a pleasant, silvery color.
Mr. Moheban asked whether another meeting would be necessary to follow through on the evening’s conclusions, and Stanley said he hoped another meeting would not be necessary to revisit the issue. He will await further word from the Building Inspector, Bill Condra, after he has completed his inspection. The meeting adjourned at 8 pm.
Respectfully submitted,
Nancy Clark, Secretary