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Case 11/9/04–1
November 9, 2004 — Notice
Donald and Maria Nadeau have applied for a variance to the terms of Section 5.2.3 of the Wilton Zoning Ordinance to permit the construction of a garage on Lot F–48–3, 86 Intervale Road, which would be closer to a lot line than otherwise permitted by the Ordinance. (Case #11/9/04–1)
November 9, 2004 — Decision
You are hereby informed that the application of Donald and Maria Nadeau have for a variance to the terms of Section 5.2.3 of the Wilton Zoning Ordinance has been granted with modifications.
The variance as requested would have permitted the construction of a garage on Lot F–48–3, 86 Intervale Road, which would have been only six feet from the side lot line, where the Zoning Ordinance requires a fifteen foot side setback in the Residential District.
The variance as granted will permit the construction of a garage which will be fourteen feet from the side lot line, a one foot reduction in the required setback.
The Zoning Board found that granting the variance as requested would have been inconsistent with the intent of the restrictions imposed on the subdivision that created Lot F–48–3 and the conditions surrounding it; that it is possible to construct a garage on the lot which satisfies the Zoning Ordinance; that the proposed setback reductions would have been inconsistent with the character of the neighborhood; and that any hardship was self-created by the actions of the developer and builder in creating a lot with a width of only 100 feet and constructing a 48 foot house in the middle of that lot.
The Board found that the revised variance would accomodate the applicant without overburdening the area, and would balance the needs of the homeowner with the spirit of the Zoning Ordinance and the subdivision plan.
(Decided Tuesday, November 9, 2004)
The selectmen, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing of this decision. A request for a rehearing must be filed in writing with the Zoning Board of Adjustment on or before Wednesday, December 8, 2004, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)
This decision shall expire on Thursday, November 9, 2006 if construction of the garage has not begun by that date. (Wilton Zoning Ordinance section 17.4)