Town of Wilton, NH

Zoning Board of Adjustment

Case 8/11/20–1

Summary

Lot
L–45
Address
52 Island Street
Owners
Dennis and Stephanie Gilbert
Description

Dennis and Stephanie Gilbert have applied for the following relief in connection with a partially built deck on Lot L–45, 52 Island Street:

  • A Special Exception under section 17.3 of the Wilton Zoning Ordinance to allow a structure which is closer to a lot line than is otherwise allowed by the Ordinance.
  • A Variance to section 4.6.7 of the Wilton Zoning Ordinance to allow a structure which is closer to a water body than is otherwise allowed by the Ordinance.
  • Alternatively, an Equitable Waiver under N.H. RSA 674:33–a to excuse the violations of the water body setback of section 4.6.7 of the Ordinance and the lot line setback of section 5.2.3 of the Ordinance.
Application
The application
Decisions
Special exception was granted
Variance was not granted because it was found to be unnecessary
Application for an Equitable Waiver was tabled as moot
Status
Rehearing request deadline is Thursday, September 13, 2020
Expires
Thursday, August 11, 2022

Tuesday, August 11, 2020 — Hearing

Notice

Dennis and Stephanie Gilbert have applied for the following relief in connection with a partially built deck on Lot L–45, 52 Island Street:

The Town of Wilton Zoning Board of Adjustment will consider this application in a public hearing on Tuesday, August 11, 2020 at 7:30 p.m.

Due to the COVID-19/Coronavirus crisis and in accordance with Governor Sununu’s Emergency Order #12 pursuant to Executive Order 2020-04, this Board is authorized to meet electronically. In accordance with the Emergency Order, we are utilizing the Zoom platform for this electronic meeting. Please note that there is no physical location to observe and listen contemporaneously to the meeting.

You can participate in one of two ways:

Read more details on the electronic meetings page.

If you have issues accessing the meeting, please call our Land Use Administrator, Michele Decoteau, at (603) 654-9451 x309, or email her at mdecoteau@wiltonnh.gov.

The application, and any other documents that have been received by the ZBA in connection with this case, are available for inspection in the Land Use Office in the Wilton Town Hall.

Decision

The application by Dennis and Stephanie Gilbert for a Special Exception under section 17.3 of the Wilton Zoning Ordinance has been granted. The Special Exception will allow the construction of a deck which is closer to a lot line than is otherwise allowed by the Ordinance, as shown on a sketch plan submitted with the application.

The Gilberts’ application for a Variance to section 4.6.7 of the Wilton Zoning Ordinance, to allow the deck to be closer to a water body than allowed by the Ordinance, was not granted, because the Zoning Board found that the deck is not a building, and its setback from the water body is therefore not regulated by section 4.6.7, so the requested variance is unnecessary.

The Zoning Board’s decisions on the Special Excepion and Variance render the Gilberts’ request for an Equitable Waiver under N.H. RSA 674:33–a moot, so the application for an Equitable Waiver was tabled.

This decision shall expire if the construction or use permitted by it has not begun by Thursday, August 11, 2022. (Wilton Zoning Ordinance section 17.4)

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 Thursday, September 10, 2020, and must fully specify all grounds on which the rehearing is requested. (N.H. RSA 677:2)